For Approval or Correction, the Minutes of the Formal Meeting on Nov. 17, 2021

Summary
This item transmits the minutes of the Formal Meeting of Nov. 17, 2021, for review,
correction and/or approval by the City Council.

The minutes are available for review in the City Clerk Department, 200 W. Washington
St., 15th Floor.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 13



Report

For Approval or Correction, the Minutes of the Formal Meeting on Dec. 1, 2021

Summary
This item transmits the minutes of the Formal Meeting of Dec. 1, 2021, for review,
correction and/or approval by the City Council.

The minutes are available for review in the City Clerk Department, 200 W. Washington
St., 15th Floor.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 14



Report

For Approval or Correction, the Minutes of the Formal Meeting on Dec. 15, 2021

Summary
This item transmits the minutes of the Formal Meeting of Dec. 15, 2021, for review,
correction and/or approval by the City Council.

The minutes are available for review in the City Clerk Department, 200 W. Washington
St., 15th Floor.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 15



Report

For Approval or Correction, the Minutes of the Formal Meeting on Nov. 15, 2023

Summary
This item transmits the minutes of the Formal Meeting of Nov. 15, 2023, for review,
correction and/or approval by the City Council.

The minutes are available for review in the City Clerk Department, 200 W. Washington
St., 15th Floor.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 16



Report

Summary
This item transmits recommendations from the Mayor and Council for appointment or
reappointment to City Boards and Commissions.

Responsible Department
This item is submitted by the Mayor's Office.




Page 17
To: City Council Date: May 15, 2024
From: Mayor Kate Gallego

Subject: BOARDS AND COMMISSIONS – APPOINTEES

The purpose of this memo is to provide recommendations for appointments to the
following Boards and Commissions:

Alhambra Village Planning Committee

Councilwoman Laura Pastor recommends the following for appointment:

Rep. Quanta Crews
Rep. Crews is a member of the Arizona State House of Representatives and a resident
of District 4. She fills a vacancy for a term to expire November 19, 2025.

Fast Track Cities Ad-Hoc

Councilwoman Laura Pastor recommends the following for appointment:

Dr. Vanna Campion
Dr. Campion is the Chief Medical Officer at Terros Health. She fills a vacancy for a term
to expire May 15, 2026.

Tourism and Hospitality Advisory Board

I recommend the following for appointment:

Sarah Field
Ms. Field is the Deputy Director of the Phoenix Convention Center. She fills a vacancy
as a City Non-Voting representative for a term to expire May 15, 2026.




Page 18



Report

Liquor License - 500 Club (Series 7)

Request for a liquor license. Arizona State License Application 282173.

Summary

Applicant
Jeremy Knowles, Agent

License Type
Series 7 - Beer and Wine Bar

Location
4707 W. Pinnacle Peak Road
Zoning Classification: RE-43 SP
Council District: 1

This request is for an acquisition of control of an existing liquor license for a beer and
wine bar. This location is currently licensed for liquor sales.

The 60-day limit for processing this application is May 15, 2024.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes: information about any
liquor license violations on file with the AZ Department of Liquor Licenses and Control
and, for locations within the boundaries of Phoenix, the number of aggregate calls for
police service within the last 12 months for the address listed.

500 Club (Series 12)
4707 W. Pinnacle Peak Road, Phoenix
Calls for police service: 2


Page 19

Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Hello, I Jeremy Knowles Am fully capable of managing the 500 club liquor lic. I have
Been the General Manager Here for 20 plus years And Have the Experience to look
After the Buss. & Liquor Lic properly. I Also Have the proper Liquor Training with Title 4
Management Certs. I am Also Very Reliable for the Company As I'm Here working 6
days a week.”

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 20



Report

Liquor License - 500 Club (Series 12)

Request for a liquor license. Arizona State License Application 282173.

Summary

Applicant
Jeremy Knowles, Agent

License Type
Series 12 - Restaurant

Location
4707 W. Pinnacle Peak Road
Zoning Classification: RE-43 SP
Council District: 1

This request is for an acquisition of control of an existing liquor license for a restaurant.
This location is currently licensed for liquor sales.

The 60-day limit for processing this application is May 15, 2024.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes: information about any
liquor license violations on file with the AZ Department of Liquor Licenses and Control
and, for locations within the boundaries of Phoenix, the number of aggregate calls for
police service within the last 12 months for the address listed.

500 Club (Series 7)
4707 W. Pinnacle Peak Road, Phoenix
Calls for police service: 2


Page 21

Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Hello, I Jeremy Knowles am fully capable of managing the 500 club Liquor Lic. I have
been the General Manager Here for 20 plus years and have the Experience to look
after the Buss. and Liquior Lic. properly. I also have the proper Liquior Training with
Title 4 Basic and Title 4 Management Certs. I am also Very Reliable for the Company
as I am Here working 6 days a week.”

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 22



Report

Liquor License - Marcel's Bar and Grill

Request for a liquor license. Arizona State License Application 282838.

Summary

Applicant
Mistie Kline-Green, Agent

License Type
Series 6 - Bar

Location
3130 E. Union Hills Drive, Ste. 110
Zoning Classification: C-2
Council District: 2

This request is for an acquisition of control of an existing liquor license for a bar. This
location is currently licensed for liquor sales.

The 60-day limit for processing this application is May 25, 2024.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Larry's Cocktail's (Series 6)
20027 N. Cave Creek Road, Phoenix
Calls for police service: 5


Page 23

Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have worked managed & helped with daily operations of a bar for 18 year. I also
currently carry own & operate another bar with a class 6 liquor lic in the city of Phoenix
for the last 8 years.”

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 24



Report

Liquor License - Nami-Korean Kitchen

Request for a liquor license. Arizona State License Application 288841.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 12 - Restaurant

Location
19401 N. Cave Creek Road, Ste. 15-17
Zoning Classification: C-2
Council District: 2

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is May 27, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 25


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Have attended both the basic and management training courses. Will ensure
employees are trained and liquor law trained in order to comply with Arizona's Title 4.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We would like to continue to offer the area a place to enjoy great Korean and
Japanese food accompanied by domestic alcoholic beverages.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Nami-Korean Kitchen - Data
Attachment - Nami-Korean Kitchen - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 26
Liquor License Data: NAMI-KOREAN KITCHEN
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 2

Liquor Store 9 4 1

Beer and Wine Store 10 7 4

Restaurant 12 4 2

Club 14 1 1



Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 69.85 72.39

Violent Crimes 12.31 9.42 7.96

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 55

Total Violations 76 89




Page 27
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6169001 1123 80 10 5

6169002 1495 62 4 17

6169003 1399 22 11 4

6170001 1028 73 21 3

6170003 1050 72 0 35

6170004 1193 51 22 15

6170005 817 83 14 18

Average 0 61 13 19




Page 28
Liquor License Map: NAMI-KOREAN KITCHEN
19401 N CAVE CREEK RD




Ü
Date: 4/11/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 29



Report

Liquor License - Pure Thai Kitchen

Request for a liquor license. Arizona State License Application 280498.

Summary

Applicant
Philomphon Redman, Agent

License Type
Series 12 - Restaurant

Location
29455 N. Cave Creek Road, Ste. 128
Zoning Classification: C-2 PCD
Council District: 2

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit to allow outdoor dining and outdoor alcohol consumption. This
business is currently being remodeled with plans to open in June 2024.

The 60-day limit for processing this application is May 25, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona


Page 30

This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am a law abiding and upstanding member of the community. I have studied for and
passed exams for basic and manager liquor sales and handling. I'm very pedantic
about following rules and am cautious about underage drinking as I have two
teenagers of my own.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Members of our community will come to my restaurant to relax and enjoy a good
meal. For those who enjoy a glass of wine or beer with their meal, will enjoy a better
experience, as they would at other dining establishments close to mine”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Attachment - Pure Thai Kitchen - Data
Attachment - Pure Thai Kitchen - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 31
Liquor License Data: PURE THAI KITCHEN
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 1 0

Beer and Wine Bar 7 2 2

Liquor Store 9 5 5

Beer and Wine Store 10 2 2

Restaurant 12 4 4



Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 7.77 18.15

Violent Crimes 12.31 0.47 0.84

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 4

Total Violations 76 5




Page 32 1/2
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6124002 1116 55 11 1

6126001 802 85 34 6

6126002 1050 94 23 3

6127001 1486 95 3 8

6127002 966 93 10 0

6128001 2069 83 21 1

Average 0 61 13 19




Page 33 2/2
Liquor License Map: PURE THAI KITCHEN
29455 N CAVE CREEK RD




Ü
Date: 4/11/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 34



Report

Liquor License - Shell Cave Creek

Request for a liquor license. Arizona State License Application 287208.

Summary

Applicant
Nirav Patel, Agent

License Type
Series 9 - Liquor Store

Location
31414 N. Cave Creek Road
Zoning Classification: C-2
Council District: 2

This request is for a new liquor license for a liquor store that sells gas. This location is
currently licensed for liquor sales with a Series 10 - Beer and Wine Store, liquor
license and does not have an interim permit.

The 60-day limit for processing this application is May 19, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the


Page 35

applicant in the State of Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am currently operating 3 other liquor stores and have experience operating them for
past 20 years.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The location is very ideal right on the main Cave Creek road. It will be a convenient
location to purchase liquor with easy in and out access.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Attachment - Shell Cave Creek - Data
Attachment - Shell Cave Creek - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 36
Liquor License Data: SHELL CAVE CREEK
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 1

Bar 6 1 0

Beer and Wine Bar 7 1 1

Beer and Wine Store 10 1 1

Restaurant 12 6 6

Craft Distiller 18 1 1



Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 4.51 5.41

Violent Crimes 12.31 0.53 0.31

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 2

Total Violations 76 2




Page 37
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6125001 1635 92 5 11

6126001 802 85 34 6

6126002 1050 94 23 3

6127002 966 93 10 0

6130002 1447 94 3 0

Average 0 61 13 19




Page 38
Liquor License Map: SHELL CAVE CREEK
31414 N CAVE CREEK RD




Ü
Date: 4/25/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 39



Report

Liquor License - Sprouts Farmers Market #51

Request for a liquor license. Arizona State License Application 286448 & 286448S.

Summary

Applicant
Amy Nations, Agent

License Type
Series 10 & 10S - Beer and Wine Store with Sampling Privileges

Location
34750 N. North Valley Parkway
Zoning Classification: C-2 PCD NBCOD
Council District: 2

This request is for a new liquor license for a grocery store. This location was not
previously licensed for liquor sales and does not have an interim permit. This business
is currently under construction with plans to open in June 2024.

The 60-day limit for processing this application is May 17, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the


Page 40

applicant in the State of Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Sprouts Farmers Market implements strict alchohol sale policies at all locations
throughout Arizona. Employees must go through extensive liquor law training, Sprouts
Farmers Market conducts regular audits to ensure they comply.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This added service would allow the customer a one stop shop as Sprouts Farmers
Market is a full service market.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Attachment - Sprouts Farmers Market #51 - Data
Attachment - Sprouts Farmers Market #51 - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 41
Liquor License Data: SPROUTS FARMERS MARKET #51
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 1

Liquor Store 9 2 1

Beer and Wine Store 10 2 2

Restaurant 12 7 4


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 18.15 43.52

Violent Crimes 12.31 2.65 4.14

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 3

Total Violations 76 3


Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6100002 1938 100 23 3

6106002 522 94 11 2

6106003 2890 73 27 3

6106004 1133 91 22 5

6113001 1825 31 33 6

Average 0 61 13 19




Page 42
Liquor License Map: SPROUTS FARMERS MARKET #51
34750 N NORTH VALLEY PKWY




Ü
Date: 3/26/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 43



Report

Liquor License - Home2 By Hilton Phoenix Midtown + Tru By Hilton Phoenix
Midtown

Request for a liquor license. Arizona State License Application 288855.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 7 - Beer and Wine Bar

Location
3150 N. Central Ave.
Zoning Classification: WU Code T6: HWR MT
Council District: 4

This request is for a new liquor license for a hotel. This location was not previously
licensed for liquor sales and does not have an interim permit. This location requires a
Use Permit to allow outdoor dining and outdoor alcohol consumption. This business
has plans to open in September 2024.

The 60-day limit for processing this application is May 24, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.



Page 44

Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the
applicant in the State of Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards to maintain compliance
with applicable laws. Managers and staff will be trained in the techniques of legal and
responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Applicant will open a dual-branded hotel at Park Central near many businesses,
schools, and medical facilities. Applicant has applied for a series 7 liquor license to
give guests 21 and over the opportunity to purchase beer and wine at the property.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Attachment - Home2 By Hilton Phoenix Midtown + Tru By Hilton Phoenix Midtown -
Data
Attachment - Home2 By Hilton Phoenix Midtown + Tru By Hilton Phoenix Midtown -
Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 45
Liquor License Data: HOME2 BY HILTON PHOENIX
MIDTOWN + TRU BY HILTON PHOENIX
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 10 1

Beer and Wine Bar 7 2 2

Liquor Store 9 6 2

Beer and Wine Store 10 12 4

Hotel 11 2 1

Restaurant 12 38 15

Club 14 1 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 188.9 261.67

Violent Crimes 12.31 37.42 45.32

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 49

Total Violations 76 72




Page 46
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1105011 551 49 20 14

1105012 1249 13 23 11

1105013 824 16 17 40

1105021 1057 13 34 30

1105022 1216 28 19 23

1118001 742 44 28 5

1118003 996 65 15 4

Average 0 61 13 19




Page 47
Liquor License Map: HOME2 BY HILTON PHOENIX MIDTOWN+ TRUBY HILTON PHX


3150 N CENTRAL AVE


G 6
to

E HI� �JJr, All
ti
..10




£ 10
1 lU
z




G




Date: 4/8/2024

■--=::J-•:::::i----=====----mi
0 0.2 0.4 0.8 1.2 1.6



City Clerk Department
Page 48



Report

Liquor License - 7-Eleven #26123D

Request for a liquor license. Arizona State License Application 283736.

Summary

Applicant
Nusrat Lubna, Agent

License Type
Series 10 - Beer and Wine Store

Location
5850 W. Thomas Road
Zoning Classification: PSC
Council District: 4

This request is for a new liquor license for a convenience store that does not sell gas.
This location was previously licensed for liquor sales and may currently operate with
an interim permit.

The 60-day limit for processing this application is May 20, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of


Page 49

Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“7-Eleven #26123D is a one-stop shop for convenience items and has been in
operation for many years. Under new franchise ownership, applicant would like to
continue to offer beer and wine to its customers 21 and over.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - 7-Eleven #26123D - Data
Attachment - 7-Eleven #26123D - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 50
Liquor License Data: 7-ELEVEN #26123D
Liquor License

Description Series 1 Mile 1/2 Mile

Government 5 1 0

Bar 6 1 0

Beer and Wine Bar 7 1 0

Liquor Store 9 6 2

Beer and Wine Store 10 7 2

Restaurant 12 4 0



Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 133.51 174.84

Violent Crimes 12.31 35.24 46.6

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 90

Total Violations 76 186




Page 51
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1098021 2573 85 3 21

1098022 1443 66 8 42

1098023 952 82 14 50

1099001 877 82 16 25

1099003 3146 54 16 33

1124011 1191 48 18 26

1124012 2494 70 5 36

1125041 1741 90 17 25

1125042 1274 0 24 61

Average 0 61 13 19




Page 52
Liquor License Map: 7-ELEVEN #26123D
5850 W THOMAS RD




Ü
Date: 4/8/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 53



Report

Liquor License - Smith's on 7th

Request for a liquor license. Arizona State License Application 287315.

Summary

Applicant
Craig Miller, Agent

License Type
Series 6 - Bar

Location
4631 N. 7th Ave.
Zoning Classification: C-3 SAUMSO
Council District: 4

This request is for an ownership transfer of a liquor license for a bar. This location was
previously licensed for liquor sales and may currently operate with an interim permit.
This location requires a Use Permit to allow outdoor dining and outdoor alcohol
consumption.

The 60-day limit for processing this application is May 21, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona


Page 54

This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“We will ensure our employees attend the Title 4 basic liquor law class and abide by
Arizona state law.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Our business is a neighorhood bar and lounge. In addition, to giving the area a new
hangout and social gathering spot, we plan to be apart of the community. We are
hoping our place becomes a spot where everyone feels welcome, seen and can have
a voice.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Attachment - Smith's on 7th - Data
Attachment - Smith's on 7th - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 55
Liquor License Data: SMITH'S ON 7TH
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 13 7

Beer and Wine Bar 7 12 5

Liquor Store 9 4 2

Beer and Wine Store 10 8 2

Hotel 11 1 0

Restaurant 12 42 11


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 212.76 244.47

Violent Crimes 12.31 42.09 41.82

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 119

Total Violations 76 223




Page 56
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1074002 1009 62 7 16

1074005 661 0 30 77

1075003 1599 46 15 14

1088021 1456 23 32 31

1088022 435 43 41 19

1089011 988 36 15 30

1089012 1297 31 23 54

1089023 1072 28 3 47

1089024 1278 46 9 21

1171001 2126 10 15 10

1171002 703 57 27 12

Average 0 61 13 19




Page 57
Liquor License Map: SMITH'S ON 7TH
4631 N 7TH AVE




Ü
Date: 3/26/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 58



Report

Liquor License - Akai Hana

Request for a liquor license. Arizona State License Application 281649.

Summary

Applicant
Aung Khaing, Agent

License Type
Series 12 - Restaurant

Location
8041 N. Black Canyon Highway, Ste. 112
Zoning Classification: C-2
Council District: 5

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is May 19, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 59


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have a solid understanding of local, state, and federal regulations related to alcohol
Sales.This includes knowing the legal drinking age, hours of operation, and restriction
on serving intoxicated individuals.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The issuance of a liquor license is contingent upon several factors that aim to serve
both the public convenience and the best interest of the community.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Akai Hana - Data
Attachment - Akai Hana - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 60
Liquor License Data: AKAI HANA
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 1

Beer and Wine Bar 7 1 1

Liquor Store 9 3 1

Beer and Wine Store 10 10 4

Restaurant 12 7 2



Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 232.93 299.78

Violent Crimes 12.31 55.49 88.53

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 98

Total Violations 76 175




Page 61
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1055011 1055 38 6 59

1055012 1442 0 11 38

1055021 777 0 25 45

1055032 782 25 26 16

1056012 1895 76 6 27

1059001 1697 50 0 42

1059003 1609 59 5 25

1060011 1487 31 17 50

1060021 1678 27 14 27

1060022 872 25 29 35

Average 0 61 13 19




Page 62
Liquor License Map: AKAI HANA
8041 N BLACK CANYON HWY




Ü
Date: 4/4/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 63



Report

Liquor License - Special Event - Madison District Educational Foundation, Inc.

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Matthew Gerber

Location
5601 N. 16th St.
Council District: 6

Function
Musical Performance

Date(s) - Time(s) / Expected Attendance
June 22, 2024 - 10 a.m. to 10:30 p.m. / 904 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 64



Report

Liquor License - Da Kitchin Grill

Request for a liquor license. Arizona State License Application 279937.

Summary

Applicant
Charles Stewart, Agent

License Type
Series 12 - Restaurant

Location
4902 E. Warner Road, Ste. 5,7,9
Zoning Classification: C-2
Council District: 6

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit. This business is
currently being remodeled with plans to open in June 2024.

The 60-day limit for processing this application is May 26, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of


Page 65

Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I've been residence in the state of Arizona for since 1974. I am establishing my
community. For 28 years and I have contribute to the economy for 43 years in my
profession as an over the road, truck driver and I've contribute to the restaurant
industry in my community.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Because I am bringing a service of comfort and dining in sit down service that will
Accommodate this community level of the convenience when it comes to fine dining
Excellent service and quality food at an affordable price.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Da Kitchin Grill - Data
Attachment - Da Kitchin Grill - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 66
Liquor License Data: DA KITCHIN GRILL
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 4 2

Beer and Wine Bar 7 6 3

Liquor Store 9 10 2

Beer and Wine Store 10 4 1

Hotel 11 1 0

Restaurant 12 24 6

Club 14 1 1



Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 74.2 84.6

Violent Crimes 12.31 7.16 12.73

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 5

Total Violations 76 6




Page 67
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1167081 1516 88 0 2

1167082 1243 52 3 17

1167083 1314 34 0 7

1167084 1551 93 10 2

1167111 758 80 4 15

1167171 1769 0 25 11

1167172 1663 40 18 17

1167181 2685 40 10 9

3199101 2488 92 3 12

8100001 1870 83 10 0

Average 0 61 13 19




Page 68
Page 69



Report

Liquor License - Eggstasy

Request for a liquor license. Arizona State License Application 285091.

Summary

Applicant
Amy Nation, Agent

License Type
Series 12 - Restaurant

Location
5538 N. 7th St., Ste. 110
Zoning Classification: C-2
Council District: 6

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is May 25, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 70


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“We train all of our employees in responsible liquor service. We also conduct regular
audits to ensure they comply.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Our goal is to provide each and every one of our guests with a surreal dining
experience. We do not take any shortcuts in product preparation. Providing our
customers service, quality food, and great value is our objective.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Attachment - Eggstasy - Data
Attachment - Eggstasy - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 71
Liquor License Data: EGGSTASY
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 5 2

Beer and Wine Bar 7 13 0

Liquor Store 9 6 3

Beer and Wine Store 10 9 1

Restaurant 12 58 21



Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 124.04 126.96

Violent Crimes 12.31 15.12 14.11

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 27

Total Violations 76 32




Page 72
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1065012 1594 61 18 32

1066002 2064 83 7 5

1075001 758 80 2 3

1075002 1458 74 7 15

1075003 1599 46 15 14

1076011 319 65 16 46

1076012 904 38 24 23

1076013 1748 38 8 17

Average 0 61 13 19




Page 73
Liquor License Map: EGGSTASY
5538 N 7TH ST




Ü
Date: 4/3/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 74



Report

Liquor License - Full Moon Isakaya

Request for a liquor license. Arizona State License Application 287702.

Summary

Applicant
Theresa Morse, Agent

License Type
Series 12 - Restaurant

Location
7810 N. 12th St., #10
Zoning Classification: PSC
Council District: 6

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is May 24, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 75


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have owned a liquor license in California and I have already attended Arizona Basic
& Management liquor law classes to prohibit sale to underage and identify obviously
intoxicated customers. I have not had any liquor law violations previously and will
uphold Arizona liquor laws and city ordinances as well. I am looking forward to
operating a restaurant in Phoenix and look forward to building relationships with my
customers.

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
"This location has had previous restaurants to include Streets of New York and
recently ATL Wings. The owner that leased this space after ATL wings did not apply for
a liquor license however, he operated the business as a restaurant. Therefore, the
location as a restaurant is a convience to the local neighborhood and I want to
continue to serve the community.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Full Moon Isakaya - Data
Attachment - Full Moon Isakaya - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 76
Liquor License Data: FULL MOON ISAKAYA
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 5 1

Beer and Wine Bar 7 2 1

Liquor Store 9 1 0

Beer and Wine Store 10 6 2

Restaurant 12 13 4

Club 14 2 1



Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 84.39 117.83

Violent Crimes 12.31 9.6 17.09

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 87

Total Violations 76 135




Page 77
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1051023 1135 72 23 12

1052001 877 71 25 24

1052002 1702 63 7 23

1052004 2577 44 5 15

1062002 1751 97 6 1

1063001 867 51 40 17

1063002 1099 67 24 17

1063003 1910 50 11 42

1063004 1060 59 22 20

Average 0 61 13 19




Page 78
Liquor License Map: FULL MOON ISAKAYA
7810 N 12TH ST




Ü
Date: 4/30/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 79



Report

Liquor License - Macayos Mexican Food

Request for a liquor license. Arizona State License Application 286710.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 12 - Restaurant with Mixed Cocktails Off-sale Privileges

Location
12637 S. 48th St.
Zoning Classification: C-2
Council District: 6

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is May 28, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 80


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards to maintain compliance
with applicable laws. Managers and staff will be trained in the techniques of legal and
responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Macayo's Mexican Food is a family-friendly, neighborhood restaurant offering
authentic traditional Mexican food made from fresh, high-quality ingredients. Applicant
would like to continue to offer alcoholic beverages to guests 21 and over as an incident
to the delicious meals served.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Attachment - Macayos Mexican Food - Data
Attachment - Macayos Mexican Food - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 81
Page 82
Page 83
Page 84



Report

Liquor License - Smidge Beverage Co.

Request for a liquor license. Arizona State License Application 288654.

Summary

Applicant
Adam O'Connor, Agent

License Type
Series 4 - Wholesaler

Location
2440 W. Lincoln St., Ste. 160 A-B
Zoning Classification: A-2
Council District: 7

This request is for a new liquor license for a wholesaler. This location was previously
licensed for liquor sales and may currently operate with an interim permit. This
business has plans to open in June 2024.

The 60-day limit for processing this application is May 25, 2024.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,


Page 85

grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am an established professional with over 5 years of corporate experience in both
alcohol distribution and production businesses. I have an extensive background in
various roles within these business types. I understand and ahdere to the state, local,
and federal laws when it comes to alcohol sales, distribution, and production. I have
completed the Title 4 Basic and Management Liquor Law certifications for the state of
Arizona. I look to set an positive example for other license holders.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 86



Report

Liquor License - Stadium

Request for a liquor license. Arizona State License Application 283136.

Summary

Applicant
Que Quinn, Agent

License Type
Series 12 - Restaurant

Location
50 W. Jefferson St., Ste. 280
Zoning Classification: DTC-Business Core
Council District: 7

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is May 28, 2024.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 87


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have successfully completed the required training or certification program in alcohol
serving & food saftey practices & will comply with all law & regulations related to liquor
sales, service & consumption.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The license applicant has a strong track record & qualifications that reassure safe,
lawful & high quality service will be provided Nearby residents & business owners
express support that the establishment will benefit the community.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Attachment - Stadium - Data
Attachment - Stadium - Map

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 88
Liquor License Data: STADIUM
Liquor License

Description Series 1 Mile 1/2 Mile

Producer 1 1 1

Microbrewery 3 3 1

Wholesaler 4 1 0

Government 5 6 4

Bar 6 48 33

Beer and Wine Bar 7 12 6

Liquor Store 9 4 2

Beer and Wine Store 10 12 1

Hotel 11 8 6

Restaurant 12 109 49

Club 14 3 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 64.2 249.76 291.4

Violent Crimes 12.31 71.92 68.15

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data

Description Average 1/2 Mile Average

Parcels w/Violations 44 32

Total Violations 76 47




Page 89
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1131001 1015 7 8 28

1131002 1242 3 7 33

1141001 2299 16 37 44

1142001 1321 36 22 50

1143011 1389 22 15 57

Average 0 61 13 19




Page 90
Liquor License Map: STADIUM
50 W JEFFERSON ST




Ü
Date: 4/11/2024
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 91



Report

Liquor License - Chase Sapphire Lounge - Phx

Request for a liquor license. Arizona State License Application 279050.

Summary

Applicant
Eric Bennett, Agent

License Type
Series 14 - Club

Location
3400 E. Sky Harbor Blvd., T4
Zoning Classification: A-1
Council District: 8

This request is for a new liquor license for a club. This location was not previously
licensed for liquor sales and does not have an interim permit. This business is
currently under construction with plans to open in June 2024.

The 60-day limit for processing this application is May 19, 2024.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the
applicant in the State of Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,


Page 92

grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Sodexo is a global organization with more than 412,000 employees, providing food
services, facilities management, employee benefits and personal home services to 100
million consumers daily in 56 countries. More than 113,000 of those employees work in
the US and Canada. Sodexo employees have over 25 years of experience in providing
professional and responsible alcohol service in more than 50 airport lounges and clubs
in the US and 100 globally. Sodexo currently successfully operates the US airport
lounges and clubs for a variety of providers including United Airlines, Delta Airlines,
Airport Lounge Development Limited, American Express, Lufthansa, Virgin Atlantic, All
Nippon Airways and Swiss International Air Lines. Sodexo currently holds more than
650 alcohol licenses in over 450 locations throughout the US. The applicants
resources and depth and breadth of experience in the food and beverage service
space market it qualified to hold liquor licenses.”

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 93



PAYMENT ORDINANCE (Ordinance S-50843) (Items 25-43)
Ordinance S-50843 is a request to authorize the City Controller to
disburse funds, up to amounts indicated below, for the purpose of
paying vendors, contractors, claimants and others, and providing
additional payment authority under certain existing city contracts. This
section also requests continuing payment authority, up to amounts
indicated below, for the following contracts, contract extensions and/or
bids awarded. As indicated below, some items below require payment
pursuant to Phoenix City Code Section 42-13.

25 Southwestern Scale Company, Inc.
For $235,000 in payment authority for a new contract, entered on or about
June 1, 2024, for a term of three years, with two one-year options to
extend for airline baggage scales repair and maintenance services for the
Aviation Department. The contract will provide inspection, testing,
calibration, repair, and certification of airline baggage scales at Phoenix
Sky Harbor International Airport, to maintain the accuracy of the scales
and ensure they conform to the tolerance established.

26 BMI Imaging Systems, Inc.
For $57,475 in payment authority for Contract 150080 for Digital Reel for
the Police Department, and for an additional term of five years beginning
June 1, 2024. Digital Reel is a digitized platform that allows a user to
access microfilm from the convenience of their own desk and gives them
the ability to search using keywords as well as report numbers. The
requested funds will cover maintenance costs as well as licensing for 180
users for five years. The aggregate value of the contract is not to exceed
$153,425.

27 Cintas Corporation
For $200,000 in payment authority to purchase fire extinguisher



Page 94


inspection, testing and maintenance services for Citywide departments. A
one-time payment ordinance will allow departments to continue operations
without interruptions while the replacement contract is negotiated. Fire
extinguishers are located throughout City buildings and vehicles. Regular
inspection, testing and maintenance are imperative for maintaining
compliance with various safety regulations and promotes safety for
employees and visitors entering City buildings.

28 URW, LLC, doing business as United Right of Way
For $220,000 in payment authority for a new contract, entered on or about
May 1, 2024, for a term of two years for turf mowing services for the
Parks and Recreation Department. The contract will provide all necessary
labor, materials, equipment and supplies for the mowing of general turf
areas and athletic turf areas in 13 park locations, at the turf height and
frequency per site as specified by the Parks and Recreation Department.

29 Southwest JCB, Inc.
For $150,000 in payment authority for a new contract, entered on or about
May 1, 2024, for a term of two years with three one-year options to extend
for asphalt and concrete walk-behind saws, replacement parts, and
accessories for the Street Transportation Department. The contract will
provide saw equipment, replacement parts, and accessories needed by
the Street Transportation Department, for the purpose of cutting and
removing damaged sections of asphalt and concrete. This will allow for
the purchase of necessary equipment to replace damaged streets,
sidewalks, gutters, and ramps within the City's roadways and right-of-way
locations Citywide.

30 Vulcan, Inc
For $245,000 in payment authority for a new contract, entered into on or
about May 1, 2024, for a term of one year, with a one-year option to
extend, for u-channel posts for the Street Transportation Department. The
Street Transportation Department utilizes u-channel posts to install
directional and warning street signage for the safe, efficient, and
convenient movement of pedestrians and vehicles on City streets.
U-channel posts are also used to maintain existing traffic signage, support
the expansion of City roadways, and replace damaged traffic signs due to


Page 95

collisions or severe weather.

31 MasterCorp Commercial Services, LLC
For $77,000 in payment authority for a new contract, entered on or about
May 15, 2024, for a term of five years, for Camelback Road Underpass
Cleaning Services for the Street Transportation Department. The
underpass is a 2,500 square foot terrazzo pedestrian walkway/tunnel that
runs beneath Camelback Road between 24th and 26th streets and is the
Street Transportation Department's responsibility to maintain.

32 Salt River Project Agricultural Improvement and Power
District doing business as Salt River Project
For $340,000 in payment authority for Contract 63846 for Fiscal Year
2024-25 for annual operation and maintenance costs for the Granite Reef
Underground Storage Project (GRUSP) for the Water Services
Department. GRUSP operates under an Intergovernmental Agreement
between Salt River Project and the cities of Chandler, Gilbert, Phoenix,
Mesa, Scottsdale, and Tempe. Phoenix owns 25.755 percent of the
underground water storage capacity of GRUSP and pays its proportional
share of GRUSP costs.

33 Roosevelt Irrigation District
For $1,300,000 in payment authority for Fiscal Year 2024-25 water rights
settlement claim costs for Contract 54170, for the Water Services
Department. In 1998, the City of Phoenix entered into a comprehensive
settlement agreement with Salt River Pima Maricopa Indian Community
(SRPMIC), and others, to settle SRPMIC water rights claims. Part of that
settlement included an ongoing three-way water exchange among the
City, Salt River Project and the Roosevelt Irrigation District. The City is
responsible to pay a portion of costs associated with the ongoing annual
exchange.

34 Salt River Valley Water Users' Association Doing
Business as Salt River Project
For $200,000 in payment authority for Agreement 107647 for delivery,
ordering, accounting, and reporting of the Peninsula - Horowitz Water
Entitlement for Fiscal Year 2024-25 for the Water Services Department.
Peninsula, Horowitz, and Champion Irrigation Districts are located in the


Page 96

southwest portion of the City and are in the initial stages of conversion
from farmland to urban usage. Under the agreement, the City receives
water from the Salt River Valley Water Users' Association, treats it, and
delivers to urban customers within these irrigation districts.

35 Salt River Valley Water Users' Association Doing
Business as Salt River Project
For $3,100,000 in payment authority for Contract 59580 for the Water
Transportation Agreement to transfer water from the Salt River Valley
Water Users' Association to the City and for Salt and Verde Rivers water
delivery pursuant to water rights held by the City for Fiscal Year 2024-25
for the Water Services Department. Water Services Department treats
and delivers water for lands within the Salt River Reservoir District which
have rights to the water stored and developed by the Association.

36 Salt River Project Agricultural Improvement and Power
District doing business as Salt River Project
For $240,000 in payment authority for Contract 53453 for operation and
maintenance of the Central Arizona Project Salt River Project
interconnection facility for the Water Services Department. The
Intergovernmental Agreement between the Salt River Valley Water User's
Association, the Salt River Project Agricultural Improvement and Power
District, and the cities of Chandler, Gilbert, Glendale, Mesa, Peoria,
Phoenix, Scottsdale, and Tempe allows the City to transport water from
the Central Arizona Project aqueduct to the Granite Reef Dam. The Water
Services Department is responsible 38.425 percent of the operating and
maintenance expenses for the Fiscal Year 2024-25.

37 Salt River Valley Water Users' Association Doing
Business as Salt River Project
For $6,500,000 in payment authority for Contract 100353 for water
delivery and use agreement with the Salt River Valley Water Users'
Association (Association) to provide wholesale water for resale by the
Water Services Department within the Salt River Reservoir District for
Fiscal Year 2024-25. The water delivered to the City by the Association
from the Salt and Verde Rivers represents approximately 60 percent of
the City's water supply.



Page 97

38 State of Arizona doing business as Arizona Department
of Water Resources
For $50,000 in payment authority for Fiscal Year 2024-25 to pay fees
associated with water storage permit applications, groundwater
withdrawal, groundwater production, long-term storage credit recovery,
and dewatering for the Water Services and Parks and Recreation
departments.

39 Central Arizona Water Conservation District doing
business as Central Arizona Project
For $47,575,000 in payment authority for contracts 132409 and 108079
for Fiscal Year 2024-25 for delivery of Colorado River Water to the City
for the Water Services Department. The agreement provides municipal
and industrial water to the City's service area.

40 Settlement of Claim(s) Alvarez-Rivera v. City of Phoenix
To make payment of up to $72,500 in settlement of claim(s) in
Alvarez-Rivera v. City of Phoenix, CV2023-008748, 22-0867, AU, BI, for
the Finance Department pursuant to Phoenix City Code Chapter 42. This
is a settlement of a claim involving the Police Department that occurred on
Sept. 8, 2022.

41 Settlement of Claim(s) Brant v. City of Phoenix
To make payment of up to $300,000 in settlement of claim(s) in Brant v.
Department pursuant to Phoenix City Code Chapter 42. This is a
settlement of a claim involving the Police Department that occurred on
Oct. 27, 2021.

42 Settlement of Claim(s) Jackson v. City of Phoenix
To make payment of up to $150,000 in settlement of claim(s) in Jackson
v. City of Phoenix, CV2022-051702, 21-0317-001, AU, BI for the
Finance Department pursuant to Phoenix City Code Chapter 42. This is a
settlement of a claim involving the Fire Department that occurred on June
3, 2021.

43 Settlement of Claim(s) Rasmusson v. City of Phoenix



Page 98

To make payment of up to $220,000 in settlement of claim(s) in
Rasmusson v. City of Phoenix, CV2020-006015, 19-0427-002, GL, BI,
for the Finance Department pursuant to Phoenix City Code Chapter 42.
This is a settlement of a claim involving the Street Transportation
Department that occurred on May 20, 2019.




Page 99



Report

Public Hearing Prior to Adopting the Local Alternative Expenditure Limitation for
the Nov. 5, 2024 Ballot

This is the second of two public hearings required prior to placing a Local Alternative
Expenditure Limitation on the Nov. 5, 2024 ballot. The proposed Local Alternative
Expenditure Limitation would be the annual budget adopted by Council for Fiscal Years
2025-26 through 2028-29. This Local Alternative Expenditure Limitation was
recommended by the 2024 Expenditure Limit Task Force and by the City Council at its
will convene in a special meeting and consider adoption of a resolution to refer the
Local Alternative Expenditure Limitation to City of Phoenix electors on the Nov. 5, 2024
ballot.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Budget and Research
Department.




Page 100



Report

Proposed 9th Avenue and Happy Valley Road Annexation (Ordinance S-50885)

Request City Council authorization to extend and increase the corporate limits of the
of Phoenix, designated as the 9th Avenue and Happy Valley Road Annexation. Further,
request to authorize current Maricopa County zoning to continue in effect until
municipal zoning is applied to the annexed territory.

Summary
The annexation was requested by Kathleen Shaffer with May, Potenza, Baran &
Gillespie, P.C., for the purpose of receiving City of Phoenix services. The proposed
annexation conforms to current City policies and complies with Arizona Revised
Statutes section 9-471 regarding annexation. The City Clerk Department has received
signed petitions representing 100 percent of the assessed value and 100 percent of
the owners, excluding utilities, within the proposed annexation area.

Public Outreach
A public hearing was conducted on Feb. 7, 2024, to allow the City Council to gather
community input regarding the annexation proposal. Notification of the public hearing
was published in the Arizona Business Gazette newspaper, and posted in at least
three conspicuous places in the territory proposed to be annexed. Also, notice by first-
class mail was sent to each property owner in the area proposed to be annexed.

Location
The proposed annexation area includes Maricopa County Assessor parcel 210-09-019,
located at 9th Avenue and Happy Valley Road (Attachment A). The annexation area
is approximately 4.69 acres (0.0073 sq. mi.) and the population estimate is three
individuals.
Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 101
Attachment A








Page 102
Legal Description

9th Avenue and Happy Valley Road Annexation

That part of the East half of the Southwest quarter of the Southeast quarter of the Southeast
quarter of Section 6, Township 4 North, Range 3 East, G&SRB&M, Maricopa County, Arizona,
described as follows:
COMMENCING at a the Southeast corner of said Section 6, also being a corner of City of
Phoenix Ordinance G-4397, recorded at Document 2001-1068866 official records of the Maricopa
County Recorder, said point also being the point of beginning of City of Phoenix Ordinance No. S-
35520, recorded in Document No. 2008-0877176 official records of Maricopa County;
Thence along the following 5 courses being along the boundary of said City of Phoenix
Ordinance No. S-35520;
thence North along the East line of said Section 6 to the North line of the South 55 feet of said
Section 6;
thence West along said North line, to the West line of the East half of the Southeast quarter of
the Southeast quarter of the Southeast quarter of said Section 6;
thence South along said West line to the North line of the South 40 feet of said Section 6;
thence Westerly along last said North line to the East line of the East half of the Southwest
quarter of the Southeast quarter of the Southeast quarter of said Section 6 and the POINT OF
BEGINNING.
thence continuing West along last said North line to the West line of said East half of the
Southwest quarter of the Southeast quarter of the Southeast quarter;
thence, leaving said boundary of Ordinance No. S-35520, North along last said West line to
the North line of last said East half;
thence East along last said North line to the Northeast corner of last said East half;
thence South along the East line of last said East half to said North line of the South 40 feet of
said Section 6 and the POINT OF BEGINNING.

Area = 4.690 Acres
Area = 0.0073 Sq. Miles




Page 103



Report

Approving the Memorandum of Understanding Between the City of Phoenix and
Laborers' International Union of North America, LIUNA Local 777 (Unit 1)
(Resolution 22204)

The City of Phoenix has met and conferred with Laborers' International Union of North
America, LIUNA Local 777 (Unit 1) in accordance with the terms of Section 2-218 of
the City Code, and a Memorandum of Understanding (MOU) has been approved by
the organization's membership. A copy of the proposed MOU has been filed with the
City Clerk and an opportunity for public comment was conducted at the May 1, 2024,

The following is a compensation summary in the proposed MOU:
· Non-continuous 2.5 percent of base wage

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.




Page 104
ATTACHMENT A




MEMORANDUM OF UNDERSTANDING

2024 – 2026

BETWEEN

LABORERS' INTERNATIONAL UNION

OF NORTH AMERICA,

LOCAL 777, AFL-CIO

AND

CITY OF PHOENIX

REPRESENTING FIELD UNIT I EMPLOYEES





Page 105
TABLE OF CONTENTS

ARTICLE 1: RIGHTS ................................................................................................................................ 5
Section 1-1. Purpose ............................................................................................................................. 5
Section 1-2. Recognition ...................................................................................................................... 5
Section 1-3. City and Department Rights ........................................................................................... 6
Section 1-4: Union Rights ..................................................................................................................... 6
Section 1-5. Rights of Unit Employees ............................................................................................. 14
Section 1-6. Prohibition of Strikes and Lockouts ............................................................................. 21
Section 1-7. New Positions / Classifications .................................................................................... 21
ARTICLE 2: GRIEVANCE / ARBITRATION / LABOR MANAGEMENT ....................................... 23
Section 2-1. Grievance Procedure .................................................................................................... 23
Section 2-2. Labor-Management Committee ................................................................................... 27
Section 2-3. Bargaining Unit Work .................................................................................................... 27
Section 2-4. Health and Safety Committee ...................................................................................... 28
Section 2-5. Public Outreach & Public/Employee Safety Cross Training .................................... 29
Section 2-6. Laborers’ Apprenticeship Projects .............................................................................. 30
ARTICLE 3: COMPENSATION / WAGES .......................................................................................... 31
Section 3-1. Wages.............................................................................................................................. 31
Section 3-2. Productivity Enhancement Pay ................................................................................... 32
Section 3-3. Overtime .......................................................................................................................... 34
Section 3-4. Call-Out Pay ................................................................................................................... 36
Section 3-5. Out-Of-Class Pay ........................................................................................................... 36
Section 3-6. Pesticide Applicator Differential ................................................................................... 37
Section 3-7. Shift Differential Pay ...................................................................................................... 37
Section 3-8. Weekend Shift Differential Pay .................................................................................... 38
Section 3-9. Stand-By Pay .................................................................................................................. 38
Section 3-10. Show-Up Time ............................................................................................................. 38
Section 3-11. Jury Duty Pay ............................................................................................................... 39
Section 3-12. Deferred Compensation Program ............................................................................. 40
Section 3-13. Sick Leave Conversion at Retirement ...................................................................... 40
ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS ......................................................... 41
Section 4-1. Hours of Work................................................................................................................. 41
Section 4-2. Rest and Lunch Periods................................................................................................ 42
Section 4-3. Clean-Up Time ............................................................................................................... 43
Section 4-4. Seniority........................................................................................................................... 43
Section 4-5. Transfer Program ........................................................................................................... 44
Section 4-6. CDL Renewal ................................................................................................................. 44
ARTICLE 5: BENEFITS.......................................................................................................................... 44
Section 5-1: Employee Assistance .................................................................................................... 44
Section 5-2: Health and Dental Insurance........................................................................................ 45


Page 106
Section 5-3: Life Insurance ................................................................................................................. 46
Section 5-4. Long Term Disability Insurance ................................................................................... 46
Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave Donations ............................... 47
Section 5-6. Tuition Reimbursement ................................................................................................. 50
ARTICLE 6: MISCELLANEOUS ........................................................................................................... 51
Section 6-1. Saving Clause ................................................................................................................ 51
Section 6-2. Copies of MOU ............................................................................................................... 51
Section 6-3. Aid to Construction of Provisions of MOU.................................................................. 51
Section 6-4. Part-Time Employees .................................................................................................... 52
Section 6-5. Term and Effect of MOU ............................................................................................... 52





Page 107
PREAMBLE
Whereas the well-being and morale of employees of the City are benefited by providing
employees an opportunity to participate in the formulation of policies and practices
affecting the wages, hours and working conditions of their employment; and

Whereas the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter “Memorandum”) are not intended to abrogate the authority
and responsibility of City government provided for under the statutes of the State of
Arizona or the charter or ordinances of the City except as expressly and lawfully modified
herein; and

Whereas the parties agree that the Phoenix Employment Relations Board (PERB) unit
certification reflects that there exists a clear and identifiable community of interest among
employees covered by this Memorandum; and

Whereas the parties, through their designated representatives, met and conferred in good
faith pursuant to the Meet and Confer Ordinance in order to reach agreement concerning
wages, hours, and working conditions of employees in Field Unit I; and

Whereas it is understood by the parties that any hours or fractions of hours spent outside
the employee's work shift in pursuit of rights and benefits provided by this Memorandum,
shall not be counted as hours or time worked for the purpose of calculating and paying
overtime;

Now therefore, the City of Phoenix, hereinafter referred to as the "City" and Laborers’
International Union of North America, Local 777, AFL-CIO, hereinafter referred to as the
"Union", having reached this complete agreement concerning wages, hours and working
conditions for the term specified, the parties submit this Memorandum to the City Council
of the City of Phoenix with their joint recommendation that the body resolve to adopt its
terms.





Page 108
ARTICLE 1: RIGHTS

Section 1-1. Purpose

It is the purpose of this Memorandum of Understanding (hereinafter "MOU") to continue
and maintain harmonious relations, cooperation and understanding between the City and
its employees; and to set forth the full and entire understanding of the parties reached as
a result of good faith meeting and conferring regarding wages, hours, terms and
conditions of employment of the employees covered hereby, which understanding the
parties intend jointly to submit and recommend for approval and implementation to the
Mayor and City Council.



Section 1-2. Recognition

The City of Phoenix recognizes Laborers’ International Union of North America, Local
777, AFL-CIO, (hereinafter "Union") as the sole and exclusive meet and confer agent
pursuant to the Meet and Confer Ordinance for all regular employees in positions as
certified or hereafter certified by the Phoenix Employment Relations Board (PERB) as
constituting Field Unit I. This includes the following positions in Unit I:

All regular full-time and part-time field employees employed by the following City of
Phoenix Departments: (1) City Clerk – Mail Room, (2) Human Services – Laborers, (3)
Parks & Recreation – Division Operations, Sports and Turf Management, Specialized
Maintenance, and Aquatics Division, (4) Public Works – Solid Waste Collections and
Disposal Divisions, Landfill Operations and Transfer Stations, and (5) Street
Transportation – Street Maintenance Division, Sign Manufacturing, Street Marking and
Parking Meter Sections.

Whenever any words used herein in the masculine, feminine or neuter, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.

The City will notify the Union, in writing, 30 calendar days in advance before any new
position or classification is placed permanently within Unit 1. The parties agree to consult
on the inclusion or exclusion of new classification(s) in Unit I and will thereafter refer any
such matter to PERB for appropriate action.

If any conflict exists between the language in the Administrative Regulations or
employment/department rule and the language of this MOU, the MOU shall prevail.



Page 109
Section 1-3. City and Department Rights

A. The Union recognizes that the City has and will continue to retain, whether exercised
or not, the sole and exclusive right to operate, administer and manage its municipal
services and work force performing those services in all respects except as expressly
modified by this MOU.

B. The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not officially and expressly modified by specific
provisions of this MOU, and such decision making shall not be in any way, directly or
indirectly, subject to the grievance procedure contained herein.

C. The exclusive rights of the City shall include, but not be limited to, the right to
determine the organization of City government and the purpose and mission of its
constituent agencies, to set standards of service to be offered to the public, and
through its management officials to exercise control and discretion over its
organization and operations, to establish and effect Administrative Regulations and
employment rules and regulations, consistent with law and the specific provisions of
this MOU to direct its employees, to take disciplinary action for just cause, to relieve
its employees from duty because of lack of work or for other legitimate reasons
(examples include, but are not limited to, At-Home Administrative Work
Assignments, pending return-to work drug test, non-paid leave status, etc.), to
determine the methods, means and personnel by which the City's services are to be
provided, including the right to schedule and assign work and overtime, and to
otherwise act in the interest of efficient service to the community. Nothing herein shall
be construed to diminish the rights of the City under the Meet and Confer Ordinance.



Section 1-4: Union Rights

A. No employee shall suffer reprisal for the exercise of rights granted by this MOU.

B. Union Release

The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and LIUNA Local 777 have negotiated
full-time release positions, and release hours, as an efficient and readily available
point of contact for addressing labor-management concerns. Examples of work
performed by the release positions in support of the City include ensuring
representation for unit employees during administrative investigations and


Page 110
grievance/disciplinary appeal meetings with management; participating in
collaborative labor-management initiatives that benefit the City and the unit
employees; serving on City and departmental task forces and committees; facilitating
effective communication between City and Department management and unit
employees; assisting unit employees in understanding and following work rules; and
administering the provisions of the Memorandum of Understanding. The cost to the
City for these release positions, including all benefits, has been charged as part of the
total compensation contained in this agreement in lieu of wages and benefits.

1. Full-Time Release Positions

Three (3) persons designated as official full-time release Union representative for
the unit shall be allowed up to 2,080 work hours for each representative per MOU
year to engage in lawful Union activities pursuant to and consistent with this MOU.
The full-time release positions agree to be bound by all City rules and regulations.
Time used for this purpose in excess of 2,080 hours for each representative shall
be at the expense of the Union and the Union shall reimburse the City at the
employee's hourly rate of pay. The City will pay the employee's full-time fringe
benefits.

The Union shall notify Labor Relations and the appropriate Human Resources
Liaison 5 working days in advance when requesting release time for the above
official designated Union representatives.

The Union will submit quarterly reports to the Labor Relations Division documenting
the regular work schedules of the release positions and any leave used during the
quarter.

Upon return from full-time release, the official Union representative shall be
reinstated to their original location/yard and schedule. If the previous location is no
longer available, then the employee will have their choice of location/yard and
schedule based on availability and operational need as determined by the
department. Once at the location/yard the employee will, if applicable, receive an
available assignment of route, truck and partner. They will then have an opportunity
to participate in the next future transfer process in accordance with the department’s
transfer policy. In addition, any approved leave time the employee had scheduled
prior to their return to their department shall be honored by the department.

The City will provide 3 parking cards to the Union.




Page 111
2. Union Stewards

The Union may designate 45 Union members as stewards and shall notify the Labor
Relations Administrator of such designations. There shall be no obligation on the
City to change or adjust normal departmental scheduling or assignments of
personnel as a result of such designations. Such designations shall be made from
amongst Union members regularly working at the job sites within the proximate
geographic area where they are intended to provide representation. The Union shall
endeavor to be equitable in the distribution of its stewards.

a) One such representative from the Grievant’s home department may, after the
Grievant and the supervisor were unable to resolve the matter informally (Article
2, Section 2-1-A), when the Union is designated by a Grievant as his
representative, attend mutually scheduled grievance meetings and hearings
with department representatives without loss of pay or benefits. Paid release
time used for any other purpose, such as gathering information, interviewing the
grievant or witnesses, or preparing a presentation shall be charged against the
bank of Union release hours (Section 1-4 D).

b) City employees who are on duty and are, either witnesses, charging parties,
appellants or grievants and the shop steward representing any such employee
from the employee’s home department, may attend grievance, Civil Service,
Phoenix Employment Relations Board (P.E.R.B.) and department Accident
Review Board meetings on City time provided 1) it is for their particular case
which is either scheduled or on the public meeting agenda for that date and time
and 2) Once a witness testimony has been concluded, or if a grievant, charging
party or appellant once that agenda item has been completed or the grievance
meeting concluded, unless they have made other arrangements in advance with
their immediate supervisors approval, they will promptly return to work.
Management reserves the right to restrict the number of witnesses who can be
off of the job at any one time but will cooperate in rotating witnesses from the
workplace so as to minimize the impact to operations and service to the public.
For group grievances the group will be allowed to select no more than two non-
witness grievant representatives to attend the proceeding. These do not have
to be the same group grievant representative for each step or meeting of the
entire proceeding. As a matter of courtesy, employees will give management as
much notice as possible.

c) Union designated representatives shall be admitted to the buildings and
grounds of the City for the purpose of assisting in the adjustment of grievances



Page 112
and other official Union business, so long as such will not, in any manner,
interfere with any work operation or the safety and security of any work site.
Such representative will check in with the supervisor involved and will be
required to conform with the operational and safety regulations and procedures
as directed by the supervisor.

3. Bank of Union Release Hours

The Union will be allowed, subject to operational and scheduling factors and 4
working days advance request in each instance, a unit total of 4,287.25 hours paid
release time in a bank of release hours per M.O.U. year. Requests for release time
shall be submitted to the Labor Relations Administrator and approval of release
time hereunder shall not be arbitrarily withheld. The cost to the City for these
release hours, including fringe, has been charged as part of the total compensation
contained in this agreement in lieu of wages and benefits. Examples of how these
hours are used by the Union include:

• For Executive Board members to attend meetings of the Executive Board,
meetings of the general membership, and for preparation for negotiations.
• For stewards to provide representation when a steward from the employee’s
home department or a full-time release employee is unavailable.
• For a second representative to attend a grievance or investigative meeting.
• For authorized representatives to attend Union conferences, meetings,
seminars, training classes and workshops so that representatives better
understand issues such as City policies and practices, conflict resolution, labor-
management partnerships, and methods of effective representation.
• For authorized representatives to research and prepare for grievance meetings
and disciplinary hearings.
• For authorized representatives to educate and communicate with unit
employees in support of City policies and programs, and participate in City
partnerships.

Only one representative may be released from the same work group at the same
time. No representative will be permitted to use more than 420 hours of release
time from the bank of hours in any one MOU year.

Any hours used in excess of the bank of Union release hours must be approved by
the Labor Relations Administrator and the LIUNA Local 777 Lead Business
Manager. The number of hours used in excess of the allowable Union release hours at
the end of the contract term will be deducted from the Union release hours available for the



Page 113
following year. A surplus of hours will be carried over into the next year to a maximum total
Union release of 7500 hours.

a) The Union shall be allowed up to $20,000 per MOU year to be used towards
LIUNA Local 777-City of Phoenix Apprenticeship Programs to purchase training
materials, uniforms, promotional outreach materials, instructional activities such
as schools and workshops, and any other activity approved by the Human
Resources Director or his/her designee for Unit employees approved to
participate in the Apprenticeship Programs. These monies are to be paid to the
Union in one lump sum in the first pay period of each MOU year. The Union will
document the nature of the expenditures made for each Unit employee
approved to participate in the Apprenticeship Programs. The City Auditor
Department may conduct an audit of the funds designated for the
Apprenticeship Programs periodically. Any payments not adequately supported
by the documentation of expenses, or payments made for activities outside the
scope of this agreement, will be returned to the City by the Union.

At the end of each fiscal year, any money not expended on the Apprenticeship
Programs will be carried over to the next year for continued use in these
programs. The funds set aside for the Apprenticeship Programs will not exceed
$30,000 and the City and the Union will discuss appropriate measures to ensure
the Union receives the appropriate economic value.

b) In recognition of the mutual benefit provided to the City and the Union by the
full-time release positions, the City agrees to pay the Lead Business Agent of
the Unit 208 overtime hours each MOU year. The two full time Union
Representatives will be paid 80 hours overtime each MOU year. The Union
will submit a written request to redeem the hours to the Labor Relations
Division no later than July 1 of each MOU year for remittance with the
second paycheck in August.

The Union agrees to reimburse the City of Phoenix for the equivalent salary
costs plus fringe benefits on or before the last day of July each MOU year.

C. Unit employees may be authorized in advance in writing to engage in lawful Union
related activities during City work hours on a non-paid basis by the City Manager or
his designee in his unrestricted discretion consistent with this MOU.

D. There shall be no use of official time for unit-related activities except as has been
expressly authorized under this MOU. The City reserves the right to deny approval of




Page 114
request for use of official time for activities not expressly authorized under this MOU.
The City shall not arbitrarily deny requests for use of official time for union activities.

E. Payroll Deductions

1) The City shall deduct from the first and second pay warrants of Union members, in
each month, the regular periodic Union membership dues as certified by an
authorized official of the Union and regular periodic Union sponsored insurance
benefits pursuant to the City's deduction authorization form duly completed and
signed by the employee and transmit such deductions monthly to the Union no later
than the 14th day following the end of the pay period in which the deduction occurs,
along with an alphabetical list of all employees for whom deductions have been
made. Such deductions shall be made only when the Union member's earnings for
a pay period are sufficient after other legally required deductions are made.
Authorization for membership dues deductions herein shall remain in effect during
the term hereof unless revoked by the employee. Revocation of deductions shall
be accepted by the City only during the first week of July or January to be effective
the following payroll period. The City will notify the Union of any revocations
submitted to it, consistent with the PERB Ordinance Section 2-214.

If it is determined by a final decision by a court of competent jurisdiction that “Fair
Share” does not violate Arizona State law or the Arizona State Constitution, the
Union and City shall open up this contract to bargain in good faith over the “Fair
Share” issue.

2) The City shall not make dues deductions for unit employees on behalf of any other
employee organization as defined in the Meet and Confer Ordinance, during the
term of this MOU.

3) The City assumes no liability on account of any actions taken pursuant to this
section. The City shall, however, as promptly as technically possible, implement
changes brought to its attention. The City shall, at the written request of the Union
during the term of this agreement, make changes in the amount of deduction
hereunder for the general membership, provided cost for implementing such
changes shall be reimbursed by the Union. This charge shall not apply to
submission of new individual authorization cards or revocations or individual status
changes.

F. Facilities and Services




Page 115
1) Union Materials
The Union may distribute material which is not abusive of any person or
organization, which does not violate Administrative Regulation (A.R.) 2.16, and
which is not disruptive of the City’s operation. Materials may be posted or
distributed on the City's premises (buildings and grounds) before and after
scheduled working hours or in non-work areas during scheduled work hours
provided both the employee distributing and the employee receiving such material
are on their own time.

2) Bulletin Boards
The City shall provide the Union with bulletin board space for its sole and exclusive
use in communicating with its members at mutually agreeable locations. All bulletin
boards will be kept updated with material that is current and up to date.

3) New Employee Orientation (NEO)
The Union shall have the right to meet with new unit employees for the purpose of
informing each such employee of the Union and of that employee's right to have
Union dues deducted from his/her pay warrant. The Human Resources Department
will notify the Union when orientation sessions involving new unit employees are
scheduled.

Such opportunity shall be afforded the Union during the new employee orientation
(NEO) sessions conducted by the Human Resources Department, Public Works
Department Orientation Program (PWOP), and Parks & Recreation Department
New Employee Orientation (Parks & Recreation NEO), Streets Transportation
Department New Employee Orientation (Streets Transportation NEO), Aviation
Department New Employee Orientation (Aviation NEO).

The speaker cannot be defamatory against the City or specific departments or
individuals.

G. List of Unit Employees

Upon the Union’s filing of a Third-Party Data Sharing agreement with the HR
Department, the City shall provide electronically, at no cost, a list of unit employees
which includes the following: Emp ID, First Name, Last Name, Initial, Deduct, Service
Date, Dept ID, Department, Job Title, Job Locator Code, Mailing Address, City, State,
Zip, Home Phone, Work Phone, active Union deduction, and a monthly list of
employees added that month to Unit 1.




Page 116
Any and all information furnished by the City shall be used by the Union solely for the
purpose of communicating with unit employees, other legitimate union purposes, and
shall not be shared with any other individual or organization.

H. Information Requests
Upon written request from the Union, the City will provide specific information from an
employee’s personnel files pertinent to a written grievance, arbitration case or civil
service appeal. The City will also provide all pertinent collective bargaining information
requested by the Union. The information will be supplied to the Union at no charge.

I. Interview Panel
In accordance with the City’s selection and interview process guidelines and at
management’s request, Union Designated Employees will participate in City Selection
processes.

J. Labor Management
For a unit employee whose regular shift is other than day shift, there will be flexibility
in changing his, her or their normal work hours for the purposes of attending official
Labor-Management meetings called by or with the concurrence of the Department
Head or designee. There shall be a 48-hour notice to the affected Department to
ensure proper coverage.

K. City Email

The City shall send union-requested communication using the City Email System
using the following procedures:

Processing Guidelines

• Requests for email distribution must be submitted by the LIUNA Local 777
Business Manager or their designee from the labor group to the Labor Relations
email address (labor.relations@phoenix.gov).
• Labor Relations will review the email content to ensure compliance with the
guidelines noted below.
• Labor Relations will distribute compliant emails to unit members within 5 business
days.
• A limit of one email per month, per labor group will be distributed. Exceptions will
be reviewed by Labor Relations.
• Emails will only be distributed to the corresponding unit members.
• Emails will be sent to unit members via blind copy.



Page 117
• The standard City notice not to reply will be included on all emails.

Email Content Guidelines

The following is a list of acceptable types of communication. This is not an all-inclusive
list:

• Labor benefit fairs/ meet-and-greets.
• Union Open House's.
• City program/policy changes.
• Open Enrollment.
• Promoting City/union-sponsored training, committees, safety programs or
initiatives.
• City/union/association-sponsored charitable events or community projects.

Other Guidelines/Information

• Communication cannot violate City policies.
• Communication cannot reflect negatively on the City organization, City staff,
elected officials, or residents.
• Communication cannot negatively Impact our residents' perception of the City.
• All distributed emails are subject to the City's public records policy (reference AR
1.60, Public Records Request Processing).
• Changes may be made to these procedures at any time.
• Changes will be communicated with labor groups prior to implementation.



Section 1-5. Rights of Unit Employees

A. Non-Discrimination

All unit employees have the right to have the Union serve as their meet and confer
representative without discrimination based on membership or non-membership in the
Union.

B. Grievance Representation

All unit employees have the right to present their own grievance, in person or by legal
counsel in accordance with Article 2, Section 2-1. A copy of all MOU grievances, filed




Page 118
by anyone other than a designated official Union representative, shall be sent to the
Union office. There shall be no cost incurred to the Union.

C. Disciplinary Investigations / NOI Representation

A. Unit employees have the right to be represented by the union and the union
reserves the right to provide representation to its members in dealings with the City
concerning grievances, and matters pertaining to their individual employment
rights and obligations, and during an investigatory interview concerning allegations
focused on the employee which may result in disciplinary action.

B. Supervisors are encouraged to discuss concerns and attempt to resolve those
concerns with an employee without utilizing a formal investigatory process.
Supervisors are encouraged to not utilize an investigatory process unless they
have a reasonable belief that discipline (a written reprimand or higher) could result.
Should information be made during a conversation to attempt to resolve an issue
that could result in discipline, the supervisor will immediately stop the meeting and
utilize an investigatory process as outlined below. Any interview becomes
investigatory when facts or evidence sought by the City may result in a disciplinary
action.

C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions. In either case, a Notice of
Inquiry (NOI) form will be used. The intent of the NOI is to clearly put employees
on notice that they are under investigation that could result in discipline, inform
them of the nature of the allegations against them, and inform them of their right
to representation.

Time limit for investigations

D. If the City elects to issue written questions to the employee, the following shall
apply:
I. If an NOI is being issued and there is no active questioning, representation is
not required. Employees may bring a representative if they desire, however
there will be no discussion during the issuance of the NOI.
II. The employee will have 72-hours excluding holidays and N-days to respond in
writing and provide any other material requested. This deadline may be
extended by mutual agreement if there are extenuating circumstances.

E. If the City elects to conduct an investigatory interview, the following shall apply:



Page 119
I. Prior to the employee being interviewed, the unit employee shall be advised of
their right to a representative.

A. Prior to the employee being interviewed, the employee shall be advised of
their right to a representative and given up to 48 hours to secure
representation. The 48-hour time period may not apply in emergency
situations.
B. A unit employee identified solely as a witness will not be prevented from
contacting the union on their own time to consult with a union representative
prior to their interview.

II. The NOI form will be issued at the meeting.

III. The union representative may assist and consult with the employee, attempt to
clarify the facts or questions asked, and suggest other employees or witnesses
who may have knowledge of the underlying issues. The union representative
cannot speak on behalf of the employee or impede the progress of the
interview.

IV. The member or representative may ask for a caucus during the meeting.
Caucuses will be granted for a reasonable timeframe. At any time either party
requests a caucus the party shall inform the other party of an estimate of what
time they shall return.

V. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the employee. The member shall be
allowed to seek advice from their representative in caucus during the interview.
A caucus will not be permitted when a question is pending. The employee will
be given the opportunity to clarify their answer after the caucus

VI. Neither party will behave in a violent, verbally abusive, insulting, or demeaning
manner toward the interviewer.

VII. Prior to the conclusion of the meeting, the member or representative shall have
the opportunity to make a closing statement for no more than 5 minutes.

VIII. If the department requires a written statement at an investigatory meeting, the
employee will be given up to one hour of City time to write the statement.
Additional time may be granted at the sole discretion of the department and will
not be withheld arbitrarily.



Page 120
IX. The employee will be provided with a copy of the interview notes and given 72
hours to confirm their answers and provide any additional information.

F. Regardless of whether the City elects to interview the employee, or issue written
questions, the following shall apply:

I. The employee will be instructed not to speak to anyone regarding an
investigation. This restriction does not apply to the union, the union’s attorney,
the employee’s family, the employee’s attorney, the employee’s clergy, the
investigator, or chain-of-command.

II. The employee will be advised if the inquiry is supervisor initiated or the result
of a citizen complaint, employee/co-worker complaint, or other.

III. The member shall also be informed of the Garrity protections afforded to public
employees who may also be under criminal investigation or whose actions
meet the elements of a crime [Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct.
616 (1967)].

IV. A unit member shall receive a copy of any statement that they are asked to
sign.

V. Every 60 days, a unit employee under investigation may request a status
update. At management’s discretion, the status will be provided either verbally
or in writing.

G. Misc.

No investigatory documentation, such as the NOI or witness statements shall be
kept in the Personnel or Supervisory Files after the investigation is concluded.

H. Unit employees will be permitted to apply and/or compete in a transfer process
while in a pending investigation. The transfer process will not be delayed pending
the conclusion of the related investigation.

I. An employee who receives a written reprimand or suspension may request a copy
of the information upon which the written reprimand or suspension was based,
pertaining to what was specifically cited in the discipline at no cost to the employee.




Page 121
J. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the employee's work shift in pursuit of benefits
provided by this Article unless otherwise specified in this MOU. The employer shall
count as time worked any hours or fractions of hours spent within the employee's
regular work shift in pursuit of benefits provided by this Article.

D. Personnel Files

1) Any unit employee covered hereunder shall, at their request and by appointment,
be permitted to examine their personnel files in the presence of an appropriate
supervisory official of the Department and/or authorize a Union representative to
obtain copies of documents in their personnel files. Said files shall be in a location
as specified below, one per location. These include the main Human Resources
Department file, the department personnel file, and the official department office
personnel file contained at the district or yard office.

2) No unit employee shall have any adverse statements entered in to their personnel
file without having a discussion about the action.

3) Unit employee may, at their discretion, attach no more than a 1-page rebuttal
statement to any material contained in their personnel file which may be of a
derogatory nature within 14 business days.

E. Fair & Impartial Treatment

All unit employees have the right to be treated equally and in a manner, which is fair
and impartial in any matter associated with the rights of unit employees under the
terms of this MOU.

F. Coaching / Supervisory Counseling

A coaching is a verbal discussion with an employee. A coaching is not to be
considered a first offense for purposes of progressive discipline. A written record of a
coaching may be placed in the supervisor’s files for both positive and negative
incidences. A coaching is to be one-on-one. When 2 or more supervisors are present
at the coaching, the employee shall be advised of their right to representation. An
employee may receive more than 1 coaching for a similar matter.





Page 122
A supervisory counseling is a warning that the supervisor shall document in memo
form. A supervisory counseling is not discipline. They are to be used to determine only
notice to the employee. If a supervisory counseling is to be used in any disciplinary or
personnel action or any performance rating, the employee will be given the
supervisory counseling in memo form, that identifies the behavior requiring
improvement, the reason for the improvement, and the consequences of continuing
the unacceptable behavior. The memo will contain a line for the employee’s signature
and an above the line statement of “The employee shall date and sign the supervisory
counseling, not as an indication of agreement, but solely as evidence of being advised
of its existence.” The employee will receive a copy of the memo.

Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types
of discipline, which may be considered for the duration of employment (and upon the
employee's return to employment, if applicable):

Sustained discipline of 40-hour suspension or greater of the following types:

• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees, customers of the City, or the public.
• The employee has solicited or taken for personal use a fee, gift or favor in the
course of the assigned work or in connection with it, which would lead toward
favoritism or the appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-
3101), excepting a pocketknife (as provided in ARS 13-3102) at a City
worksite1, unless such employee is a police officer.
1(A worksite includes not only City buildings and property, but also City vehicles

and private vehicles while being used on City business, and other assigned
work locations).
• The employee has intentionally falsified records or documents made, kept, or
maintained for or on behalf of the City of Phoenix.
• The employee has stolen or is in unauthorized possession of City property or
the property of another employee or citizen.
• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies.
• The employee committed a violation of the City's Ethics Policy.
• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.




Page 123
The official discipline record is maintained in the Personnel File by the Human
Resources Department. Copies maintained in either the Supervisory and/or
Department files are not the official record. Employees may request to
remove/inactivate eligible documents based on the below criteria by contacting the
department Human Resources Officer. Official records may only be inactivated and
not removed per records retention law, and members/employees will receive
confirmation once the requested record is removed/inactivated.



Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original in
file.
Coaching’s/Supervisory Not maintained in Not maintained in
Remove annually
Counseling’s file. file.
provided no further
incidents.
Maintain original in
Maintain copy in Maintain copy in
file.
file. file.
Employee may
Written Reprimands Remove annually Employee may
request to
provided no further request to remove
inactivate
incidents. after 3 years.
after 3 years.
Maintain original in
Maintain copy in
file.
file.
Suspensions Employee may
Maintain copy in Employee may
(other than below) request to
file. request to remove
inactivate
Remove annually after 10 years.
after 10 years.
provided no further
Discipline under 21b2, Maintain original in
incidents. Maintain copy in
21b4, 21b5, 21b12, file.
file.
21b13, 21b14, 21b15, May not be
Cannot Remove
21b18, 21b19, 21b20. inactivated


G. Performance Evaluation

Although the terms “coaching” or “supervisory counseling” will not be used, the
employee’s behavior or performance which resulted in the “coaching” or “supervisory
counseling” can, along with any other behavior or performance, be discussed in the
performance evaluation.





Page 124
If an employee is not given their performance evaluation by the annual review date
and the performance evaluation is expected to be an overall “met,” the
employee’s merit increase shall be processed within 21 calendar days following the
above due date and be retroactive to the performance evaluation annual review date.

H. Departmental Policies

The City will notify employees and Unit 1 of new or revised written City or
Departmental policies affecting unit employees as soon after release as possible. The
City shall post on their bulletin boards any new policies and/or revisions in City or
written department policies and procedures affecting Unit I employees. Notice shall
remain posted for no less than 21 calendar days. Review of policy and procedure
revisions shall be included in employee group meetings when appropriate.

Nothing in this section shall absolve the City of its obligation to Meet and Confer
on mandatory subjects of bargaining.



Section 1-6. Prohibition of Strikes and Lockouts

A. The provisions of the Meet and Confer Ordinance are expressly incorporated herein.

B. The City nor its agents for any reason shall authorize, institute, aid or promote any
lockout of employees covered by this MOU.


Section 1-7. New Positions / Classifications

A. Classification and Compensation Studies

The City shall give notice to the Union within 10 working days whenever a
classification or compensation study is undertaken that includes active positions
belonging to the Union. The Human Resources Department shall provide the Union
with an opportunity to meet with the person conducting the study prior to preparation
of any report or recommendations. The City shall notify the affected Union of the
results and recommendations resulting from any study 30 calendar days prior to that
study being presented to the Human Resources Committee. It should be noted that
there is no guarantee, either expressed or implied that changes to a classification or
its grade and salary range will result from a study.

B. New Classifications


Page 125
The parties agree to consult on the inclusion or exclusion of new classification(s) in
the bargaining unit and may thereafter refer any such matter, jointly or individually, to
the Phoenix Employment Relations Board (PERB) for appropriate action.

C. Position Management

The City shall give written notice to the Union 30 days in advance of a position being
reallocated or reclassified such that the position is removed from the unit.

D. Union Requested Job Classification Studies

The Union may submit written requests for job classification studies to the Human
Resources Department. Requests from the Union will be prioritized with other standing
requests.

1) All written requests for classification studies submitted by the Union shall include,
but not be limited to, the following information:

a) A full description of the new duties and responsibilities.
b) A full explanation of why the Union feels the position(s) should be reclassified.
c) A list of comparative positions/ classifications that led to the Union's request.
d) Such other information as is normally considered relevant to a classification
review.

2) The results of the audit of any classification study shall be subject to review by the
City's Personnel Committee in accordance with existing procedures.

3) The Union may submit a prioritized written request of classifications specific to the
unit that they wish to have studied. All written requests shall include a full
explanation of why the classification should be studied. This explanation shall
indicate whether the Union is requesting a full classification study (including job
levels and job architecture) or if the request is limited to a compensation review to
assess market competitiveness and grade and salary levels. At least one request
by the Union shall be completed by the Human Resources Department in order of
their ranking if the City Manager has authorized the HR Department to conduct
studies.





Page 126
ARTICLE 2: GRIEVANCE / ARBITRATION / LABOR MANAGEMENT

Section 2-1. Grievance Procedure

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee’s work shift in pursuit of benefits provide
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee’s regular work shift in pursuit of benefits provided by this
Article.

A. Informal Resolution

1. As a matter of good labor-management relations the parties encourage unit
employees who believe that they have a bona fide grievance to discuss and attempt
to resolve it with their immediate non-unit supervisor.

2. If the above informal discussion is held and does not resolve the grievance, the
unit employee may file a formal grievance in accordance with the following procedure.

B. Definition of Grievance

1. A grievance is a written allegation by a unit employee, submitted as herein
specified, claiming violation(s) regarding the interpretation and/or application of the
specific express terms of this Memorandum for which there is no other specific and
formal method of review; and doesn’t have a fact pattern that has been presented to
and decided upon by the City Manager in a prior grievance. However, disputes
specifically excluded in other Articles of this Agreement from the Grievance and
Arbitration procedure shall not be construed as within the definition set forth above
and shall not be handled in accordance with this procedure. It is agreed that such
excluded disputes are not grievable or arbitrable under the terms of this Article or
under this contract.

2. The City continues to retain the format used for grievances, including forms,
technology, etc.

3. A grievance which does not meet the requirements set forth in this Article shall be
null and void, and will not be processed in accordance with this procedure.

C. Procedure


Page 127
All grievances covered by this Article shall be handled exclusively in the following
manner:

A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.

1. Step 1

The unit employee shall reduce the grievance to writing by signing and completing the
grievance form provided by the City and submit it to the division head, or designee,
within 14 calendar days of the initial commencement of the occurrence being grieved.

The division head, or designee, may investigate, further consider, and discuss the
grievance with the grievant and the grievant’s representative, if any, as deemed
appropriate, and shall, within 14 calendar days of having received the written
grievance, submit a response thereto in writing to the grievant. By mutual agreement,
the parties can agree to skip Step 1 and proceed to Step 2 of the grievance procedure.

2. Step 2

If the written response of the Step 1 does not result in a resolution of the grievance,
the grievant may appeal the grievance by signing and completing the City form and
presenting it to the department head, or designee within 14 calendar days of the
grievant’s receipt of the Step 1 response.

The department head, or designee, may further consider and discuss the grievance
with the grievant and the grievant’s representative, if any, as deemed appropriate, and
shall, within 14 calendar days of having received the written grievance, submit a
response thereto in writing to the grievant. By mutual agreement, the parties can agree
to skip Step 2 and proceed to Step 2.5 or Step 3 of the grievance procedure.

3. Step 2.5

After the Step 2 response, but prior to review by the Grievance Committee, the parties
involved may mutually agree to submit the grievance to Labor Relations. The
grievance, as originally written and Step 1 and Step 2 responses, must be submitted
to Labor Relations within 14 calendar days of receipt of the Step 2 response. Labor
Relations shall, within 14 calendar days of the receipt of the grievance, meet with the
department head, or designee, and the grievance and the grievant’s representative, if
any, in an attempt to resolve the grievance. Labor Relations shall then submit a written
response to all parties within 14 calendar days of the meeting.

4. Step 3


Page 128
a. If the written response of the Step 2 (or 2.5 if applicable) does not result in a
resolution of the grievance, the grievant may, within 14 calendar days of the Step
2 response, appeal the grievance by signing and completing the City form and
presenting it to Labor Relations. A Grievance Committee hearing will be scheduled
at which the grievant shall be afforded the opportunity to fully present their position
and to be represented.

The Grievance Committee shall be composed of:

Chairman – A member of the City Manager’s Office designated by the City
Manager.
Member – A City function head on a rotating schedule.
Member – An individual mutually agreed upon between the City Manager,
or his designee, and LIUNA Local 777.

The Grievance Committee shall submit findings and advisory recommendation(s)
to the City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and their designated
representative.

b. If the grievant so elects in writing within the above time limit, in lieu of such hearing
the grievance may be reviewed by an arbitrator. The parties, or their designated
representatives, shall agree on an arbitrator, and if they are unable to agree on an
arbitrator within a reasonable time, either party may request the Federal Mediation
and Conciliation Service to submit to them a list of 7 arbitrators who have had
experience in the public sector. The parties shall, within 7 calendar days of the
receipt of said list, select the arbitrator by alternately striking names from said list
until one name remains. Such person shall then become the arbitrator. The
arbitrator so selected shall hold a hearing as expeditiously as possible at a time
and place convenient to the parties, and shall be bound by the following:

i. The arbitrator shall be bound by the language of this Memorandum and
departmental rules and regulations consistent therewith in considering any
issue properly before him/her.

ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other issue
not so submitted to him/her.

iii. The arbitrator shall be bound by applicable State and City law.



Page 129
iv. The cost of the arbitrator and any other mutually incurred costs shall be borne
equally by the parties.

The arbitrator shall submit findings and advisory recommendations to the City
Manager. The City Manager shall make the final determination of the grievance
and submit it in writing to the grievant and his designated representative.

D. Time Limits

Failure of City Management representatives to comply with time limits specified in
Paragraph C shall entitle the grievant to appeal to the next level of review; and failure
of the grievant to comply with said time limits shall constitute abandonment of the
grievance; except however, that the parties may extend time limits by mutual written
agreement in advance of the deadline.

E. Union Grievance

The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1-4 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.

F. Group Grievance

When more than one unit employee claims the same violation of the same rights
allegedly accorded by this Memorandum, and such claims arise at substantially the
same time and out of the same circumstances, a single group grievance may be filed
in the name of all such members. Such group grievances shall be filed at the Step of
this Procedure which provides the lowest level of common supervision having
authority over all named grievants. Relief is restricted to those named in the Group
Grievance.

G. Employer Grievances

Should they occur as a result of official Union activities or actions, including the failure
to act as required under the terms of this Memorandum, employer grievances will be
presented directly to the Union president or any officer of the Union within 14 days of
the occurrence prompting the grievance. The president, or designee, shall in each
case provide a written answer within 14 days from receipt of the grievance.
Unresolved employer grievances may be submitted to arbitration pursuant to Step 3.



Page 130
H. Municipal Court
It is understood concerning the administration of this grievance procedure in the
Municipal Court, specifically Step 2 that the designated "Department Head" is the
Executive Court Administrator, and the "City Manager's Office" or "City Manager" shall
mean the Presiding Judge, or his designee as provided in the procedure.



Section 2-2. Labor-Management Committee

The benefits granted by this Article shall not be interpreted or applied as requiring the
employer to count as time worked, any hours or fractions of hours spent outside the
employee's work shift in pursuit of benefits provided by this Article. The employer shall
count as time worked any hours or fractions of hours spent within the employee's regular
work shift in pursuit of benefits provided by this Article.

A. There shall be a Labor-Management Committee consisting of the three Union
Authorized Representatives, one LIUNA staff member, and four representatives from
management that are agreed upon by the LIUNA staff member and the Assistant
Human Resources Director, or designee. The Labor-Management Committee shall
be facilitated by Labor Relations staff. The purpose of the Committee shall be to
facilitate improved relations, provide a forum for open and informal discussion, and
make recommendations for operational or other rules changes that are of mutual
benefit.

B. The Committee shall meet, at least once a month per MOU year, or more often by
mutual agreement, at mutually agreed upon times. The Committee will meet to discuss
matters to be of a mutual benefit including, but not limited to, methods of improving
the level of productivity when needed. The members shall, upon request for a meeting,
provide the Chairman with proposed agenda items and the Chairman shall provide
the members with the meeting agenda in advance of the meeting.

C. Any signed/dated written Labor/Management agreements with the signatures of the
parties and the Chairman will be binding on the parties for the remaining term of the
MOU.

D. If the representative of the Union is a unit employee, such representative shall not
lose pay or benefits for meetings mutually scheduled during duty time.


Section 2-3. Bargaining Unit Work


Page 131
A. Contracting Out Work – The City will notify the Union, in writing, of the City's intent to
contract with a private agency for planned or emergency work that is currently being
performed by unit employees. The Union may, within 5 business days of this
notification, request a meeting for the purpose of discussing the contracted work. The
meeting will occur prior to any final recommendation to the City Council.

In cases of an emergency when Unit 1 employees are unavailable to perform the work,
for example, a staffing shortage or specialty work, the City will notify LIUNA as soon
as possible via phone or email. The intent is to provide the Union the opportunity to
discuss, but does not prevent the City from contracting the work in an emergency
situation.

Failure by the City to meet with the Union under this Article may be subject to the
Grievance Procedure (Article 2, Section 2-1) of this MOU.

Nothing in this Article shall relieve the city of its obligation to meet and confer
on mandatory subjects of bargaining.

B. The Management recommendation, and final decision thereon by the City, shall not
be subject to the Grievance Procedure (Article 2, Section 2-1) of this MOU.

C. The City agrees that it will not assign work currently performed by LIUNA represented
employees to non-represented City employees or to employees in any other City of
Phoenix bargaining unit, for a period up to 90 days.

The exception will be when individuals are being placed in an effort to comply with
federal law, in which case the Union will be notified.

By mutual consent, the City and the Union may agree to a time period longer than 90
days.



Section 2-4. Health and Safety Committee

The benefits granted by this Article shall not be interpreted or applied as requiring the
employer to count as time worked, any hours or fractions of hours spent outside the
employee's work shift in pursuit of benefits provided by this Article. The employer shall
count as time worked any hours or fractions of hours spent within the employee's regular
work shift in pursuit of benefits provided by this Article.



Page 132
A. The City will continue to undertake all reasonable efforts to provide for employee
health and safety in accordance with the State's Occupational Safety and Health Law.

B. In order to facilitate this policy, a joint committee entitled "Health and Safety
Committee" shall be established. This Committee shall be composed of 2 unit
employees appointed by the Union and 2 City representatives as designated by the
City Manager. The Chairmanship shall rotate among the members.

C. The Committee shall meet quarterly at mutually scheduled times or more frequently
by mutual agreement to consider on-the-job safety matters referred to it by the existing
departmental safety committees and safety officers, or otherwise coming to its
attention, and shall advise Department Heads and the City Manager concerning on-
the-job safety and health matters.

All written recommendations of the Committee shall be submitted to the Department
Head concerned and to the City Manager.

D. The Committee shall be guided by the applicable regulations of the State's OSHA
agency, and the City's existing practices and rules relating to safety and health, and
formulate suggested changes.

E. Employee members of the Committee shall not lose pay or benefits for meetings
mutually scheduled during their duty time.

Incident Review Board

An Incident Review Board is an effective management tool to minimize injuries and
protect property. The function of an Incident Review Board is to determine if a vehicular
or operational incident is preventable or non-preventable. The City shall establish an
Incident Review Board in each Unit One represented department. Each Incident Review
Board shall have the same rules, and all rules shall be applied in the same manner in
each department.



Section 2-5. Public Outreach & Public/Employee Safety Cross Training

It is understood that bargaining unit employees are frequently required to address social
service needs and problems as well as threats to public health and public/employee
safety posed in our streets and parks.




Page 133
To ensure that bargaining unit employees are trained adequately to safely deal directly
with members of the public and to properly refer citizens to appropriate City agencies, all
bargaining unit employees shall be cross-trained with public outreach and
public/employee safety skills in accordance with department needs.


Section 2-6. Laborers’ Apprenticeship Projects

A. Gardener Apprenticeship Project

The Union and the City shall continue the Joint Pilot Apprentice Program as needed
and when positions are available for the Gardener classification in the City of Phoenix,
entitled “Phoenix Gardener Apprenticeship Program”.

The Phoenix Gardener Apprenticeship Program shall be organized with a set of
standards established by a 5 person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix Parks
and Recreation Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.

The Phoenix Gardener Apprenticeship Program is designed to prepare individuals,
and produce highly qualified and well trained workers who have solid knowledge as
well as specific, technical job skills for occupations in the skilled trades and crafts.
The Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix
Gardener Apprenticeship Program.

B. SWEO Apprenticeship Project

The Union and the City shall establish a continue the Joint Pilot Apprentice Program
as needed and when positions are available for the Solid Waste Equipment Operator
classification in the City of Phoenix, entitled “Phoenix SWEO Apprenticeship
Program”.

The Phoenix SWEO Apprenticeship Program shall be organized with a set of
standards established by a 5 person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix
Public Works Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.




Page 134
The Phoenix SWEO Apprenticeship Program is designed to prepare individuals, and
produce highly qualified and well trained workers who have solid knowledge as well
as specific, technical job skills for occupations in the skilled trades and crafts. The
Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix
SWEO Apprenticeship Program.

C. Street Maintenance Worker I Apprenticeship Project

The Union and the City shall continue the Joint Pilot Apprentice Program as needed and
when positions are available for the Street Maintenance Worker classification in the City
of Phoenix, entitled “Phoenix Street Maintenance Worker Apprenticeship Program”.

The Phoenix Street Maintenance Worker Apprenticeship Program shall be organized with
a set of standards established by a 5 person Joint Apprenticeship Committee
(Committee). The Committee shall be comprised of 2 Union representatives, 2 City of
Phoenix Streets Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.

The Phoenix Street Maintenance Worker Apprenticeship Program is designed to prepare
individuals, and produce highly qualified and well trained workers who have solid
knowledge as well as specific, technical job skills for occupations in the skilled trades and
crafts. The Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix Street
Maintenance Worker Apprenticeship Program.




ARTICLE 3: COMPENSATION / WAGES

Various sections of this MOU contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit employee have been negotiated in place of
a direct payment and costed as part of the overall economic package. Examples include:
life insurance, long term disability insurance, leave payouts, etc.

Section 3-1. Wages




Page 135
A. The economic value of a non-continuous payment equal to 2.5% of base wage will
be paid as follows:

1. A non-continuous payment of $1,421.00 for each full-time employee and
$100.00 for each part-time employee to be paid out on the first full pay period
in August of 2024.

B. Limited Reopener for FY 2025-2026: If the City projects revenues will exceed
$1,750,000,000 for Fiscal Year 2025-2026 in the forecast that is presented to City
Council in February 2025, the parties may reopen Section 3-1 of this agreement
for the sole and limited purpose of Meeting and Conferring, in February 2025,
over base wage increases, if any. Unless held invalid by operation of law or by
a final judgment of any tribunal of competent jurisdiction, all other terms and
conditions of this MOU shall remain in full force and effect during any such
reopener and throughout the duration of this MOU.

C. During the term of this MOU the City will provide an annual budget presentation to the
LIUNA Local 777 Chapter Board. This presentation will be scheduled within 30 days
of the final budget being presented to Council.

D. It is understood that for implementation purposes, the practice of rounding of fractional
cents shall be done in accordance with accepted mathematical and accounting
principles.

E. Notwithstanding the rates of pay set forth in any appendix or attachment to the
agreement for reference, the term "Pay Schedule" shall mean the schedule computed
and published by the Human Resources Department for payroll purposes pursuant to
Council Action in the Pay and Compensation Ordinance.



Section 3-2. Productivity Enhancement Pay

In recognition of continuous service and overall performance, the City agrees to the
following productivity enhancement pay formula for unit employees.

A. Pay Benefit:

In November 2024, June 2025, November 2025, and June 2026, unit employees who
meet the additional qualifications of this section shall qualify for $50.00 for each full year
of continuous full-time service in excess of 5 years, up to an annual maximum of
$1,400.00 at 19 years.



Page 136
In November 2024, June 2025, November 2025, and June 2026, unit employees who
have completed at least 20 years of full-time service and who meet the additional
qualifications of this section shall qualify for $65.00 for each full year of continuous full-
time service in excess of 5 years, up to an annual maximum of $1,820.00.

B. Qualifications:

1) An employee must have completed at least 1 year of continuous full-time service
at the top step in his pay range. Qualifications for Productivity Enhancement pay
are made in the base class and will not be affected by movement into or out of
assignment positions. As well, Productivity Enhancement pay will not be affected
by movements to positions within the same pay range.

2) An employee must have received a performance rating of overall "Met” on his latest
scheduled performance evaluation on file at the time of the qualifying date. For
employees who are otherwise eligible for Productivity Enhancement pay, an
employee who receives an overall “Not Met” evaluation shall receive another
evaluation within 90 days to 120 days, and if that evaluation is an overall “Met”, he,
she, they will be eligible to start receiving Productivity Enhancement pay the first
paycheck for the first full pay period after the next qualifying date. A unit employee
who receives an overall “Not Met” rating may appeal by memo through his chain
of command to the Department Head.

3) An employee must be on full-time active status. Employees on industrial leave
shall qualify for this payment for only the first year of the industrial leave. However,
the entire period of industrial leave shall qualify as continuous service when the
employee returns to active employment.

C. Terms of Payment:

1) The Productivity Enhancement payment will be pro-rated and included each pay
period in the qualifying unit employee’s regular paycheck.

2) When a position is reclassified to a higher classification, or when classification is
assigned to a higher pay range, incumbents who are receiving Productivity
Enhancement pay shall be moved to that step of the new range which corresponds
the closest to their combined base pay and previous Productivity Enhancement
amount (incumbent’s annualized payment), and which does not result in a
decrease from that total amount. The placement in the new range will be limited to
the maximum step in the range. If the reclassification or pay range change only
results in a maximum possible one-range increase, and the incumbent is receiving


Page 137
Productivity Enhancement pay, the employee will be moved to the top step and
continue to be eligible for Productivity Enhancement pay.



Section 3-3. Overtime

A. As a regular practice, overtime shall not be used. The parties agree that at times the
City may require overtime work outside of an employee’s regularly-scheduled shift.

B. Overtime is defined as time assigned and worked beyond the regularly scheduled 40
hours per week.

C. Except for paid sick leave, all duly authorized paid leave time shall be considered as
time worked for the purposes of the regularly scheduled workweek. Paid sick leave
shall not be considered as time worked for the purpose of calculating overtime for the
regularly scheduled workweek.

The employee’s appropriate leave bank will be charged only for the difference
between the scheduled daily work shift and the hours actually worked that day.

D. Overtime shall be worked and shall be allowed if assigned by the non-unit supervisor
or other authorized representative of the City. The City shall endeavor to be equitable
in the distribution of voluntary overtime amongst qualified employees or crews of
employees within the same classification, function, work location, and shift. Seniority
may be used as a factor in determining the assignment of overtime work. Other factors
include skill level, assigned equipment, etc. The City will make available to the Union
upon request reports of overtime worked by unit employees on a quarterly basis. The
City reserves the right to assign overtime in the event insufficient employees
volunteer, to avoid inadequate staffing, to insure timely service delivery or to conduct
mandatory training.

Employees may be required to work on scheduled holidays and/or non-work days
during the holiday week in order to provide City services on weeks containing holidays.

Rotational overtime work lists ranked by seniority shall be posted on city bulletin
boards and updated each time it is worked.

E. Compensation for overtime work as defined in Section B. above will be as follows: 1-
½ times the regular rate. The regular rate shall include, if applicable, night shift
differential, stand-by pay, and out-of-class pay. Overtime will be compensated after



Page 138
the first 7 minutes assigned and worked beyond a member's regularly scheduled work
week or work shift, as outlined in Section B, calculated to the nearest 1/4 hour. There
shall be no compounding or pyramiding of overtime pay with regular or premium pay
except as required under the Fair Labor Standards Act.

F. There shall be a minimum of 12 hours off between shifts. If this is not possible and the
unit employee is not receiving overtime pay for the additional hours worked (the unit
employee is not entitled to both overtime and 12-Hour Rule time), the unit employee
shall receive 12-Hour Rule compensation (1-1/2 times the regular rate) for each full
hour worked within the described 12 hour period. This language only applies to
employees who work 2 full shifts.

Example #1:
Monday Tuesday Wed – Fri Total for Week
6a.m. – 5:30 p.m. 3:30 a.m. – 1p.m. 6a.m. – 2:30 p.m. 44 hrs. Worked
40 hrs. Paid at Regular Rate
11 hrs. Worked 9 hrs. Worked 8 hrs. Worked per Day
of Pay
2 hrs. within
4 hrs. Paid at 1-1/2 (OT)
12-Hour Rule


In example #1, the 12-Hour Rule time is not paid for the two hours worked within the
12-Hour Rule because overtime was earned for the additional hours worked.

Example #2:
Monday Tuesday Wed – Thurs Friday Total for Week
6 a.m. – 5:30 3:30 a.m. – 1
6 a.m. – 2:30 p.m. 6 a.m. – 10 a.m. 40 hrs. Worked
p.m. p.m.
8 hrs. Worked 38 hrs. Paid at
11 hrs. Worked 9 hrs. Worked 4 hrs. Worked
per Day Regular Rate of Pay
2 hrs. within 2 hrs. Paid at 1-1/2
12-Hour Rule (12-Hour Rule)


In example #2, the 12-Hour Rule time is paid for the two hours worked within the 12-
Hour Rule because overtime was not earned for the additional hours worked.

G. In lieu of cash payment, a unit employee may request compensatory time credits up
to a maximum accumulation of 215 hours. The request for compensatory credit must
be made at the time the overtime is worked. Use of compensatory time off within the
work period shall be subject to departmental approval and scheduling.

Accumulated compensatory time in excess of 215 hours must be paid in cash.




Page 139
Section 3-4. Call-Out Pay

A. A unit employee called out for work after going home from a shift or called out for
overtime work while on stand-by pay shall be entitled to a minimum of 3 hours pay at
1 ½ times the employee's regular rate of pay.

B. Travel time shall be included in the minimum call-out guarantee and shall be paid only
if the total work and allowed travel time exceed the 3 hour minimum. The total travel
time compensated for round trip travel to and from the job site shall be 45 minutes.

C. Travel time shall not apply when the employee is working on overtime which was
planned in advance. An employee requested to report early, before the normal starting
time of the shift, shall not be eligible for travel time, but would qualify for overtime for
the extra time worked at the job site.

D. Once called out, Standby Pay will stop.



Section 3-5. Out-Of-Class Pay

A unit employee temporarily required to serve in a regular authorized position in a higher
classification shall be compensated at a higher rate of pay in accordance with the
following:

A. To be eligible for the additional compensation, the unit employee must first accumulate
10 regular working shifts of assignment in the higher class within any 24 month period;
satisfactory performance during a previous appointment to the higher class will be
credited to the qualifying period. The days of out-of-class assignment need not
necessarily be consecutive.

The days of out-of-class will be credited to the qualifying period. Once this qualification
is satisfied, no additional re-qualification will be required.

B. Temporary assignments out-of-class shall be recorded only in full-shift units. A unit
employee working out-of-class for 4 hours in an 8 hour shift or 5 hours in a 10 hour
shift or more in a given shift shall be credited with working out-of-class for the entire
shift. No out-of-class credit shall be given for out-of-class work of less than 4 or 5
hours in any given shift.




Page 140
C. To qualify for out-of-class pay, a unit employee must be assuming substantially the
full range of duties and responsibilities of the higher level position. Out-of-class pay is
not authorized, for example, if the organization of a work unit is such that each unit
employee carries on his normal duties during the temporary absence of a supervisor,
without a need for the direction which the supervisor would provide on a longer term
basis. However, eligibility for out-of-class compensation shall take place when an
employee becomes responsible on a regular basis, for the full range of duties normally
assigned to the higher class.

D. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class.

E. A unit employee who has qualified under these provisions shall be compensated at
the minimum rate established for the higher class for each completed work shift served
in the higher class. In the event of overlapping unit salary ranges, a minimum one-
step differential shall be paid for out-of-class assignments into unit classifications. The
higher rate of pay shall be used in computing overtime when authorized overtime is
served in out-of-class work assignments; the overtime rate shall be the rate
established by the overtime regulations that apply to the higher rank.

F. The City shall endeavor to be equitable in the distribution of out-of-class assignments
amongst qualified unit employees.

G. The City shall not make out-of-class assignments pursuant to this Article in an arbitrary
and capricious manner.



Section 3-6. Pesticide Applicator Differential

Licensed Pesticide Applicators shall receive $1.00 in addition to their base hourly rate for
each hour engaged in assigned and authorized activities when applying, mixing, or
managing herbicide or pesticides. This compensation includes any preparation and
maintenance of application equipment.



Section 3-7. Shift Differential Pay

Unit employees shall receive $1.00 per hour in addition to their hourly rate of pay when
working a night shift which ends at or after 9:00 p.m. and before midnight, and $1.50 per




Page 141
hour in addition to their hourly rate of pay when working a night shift which includes work
during the period after midnight to 3:30 a.m.

Employees shall receive night shift pay differential only for hours scheduled and worked,
and not while on paid leave time.

Employees participating in a 4/10 work schedule shall receive $1.00 per hour in addition
to their hourly rate of pay when working a regular night shift which ends between 10:00
p.m. and 3:30 a.m., inclusive, and $1.50 per hour in addition to their hourly rate of pay
when working a regular night shift which ends after 3:30 a.m. Night shift differential shall
continue to be paid at the rate of the regular shift for any additional hours worked following
the regular shift.



Section 3-8. Weekend Shift Differential Pay

A unit employee shall receive $0.45 per hour added to his base hourly rate of pay and
any other shift differential or any other premium pay he, she, they may be receiving for
working a weekend shift. A designated weekend shift is defined as any shift that starts on
or after 2:00 p.m., on Friday, and continuing through any shift that starts on or before, but
not after 11:59 p.m. on Sunday.

A unit employee shall receive weekend shift pay differential only for hours scheduled and
worked, and not while on paid leave.

A unit employee, who is called out and works between 2:00 p.m. on Friday and 11:59
p.m. on Sunday, will be paid weekend shift differential for all hours worked at the rate
specified in this article. If a unit employee was called out while on stand-by status, he,
she, they will not receive weekend shift differential.



Section 3-9. Stand-By Pay

When a unit employee is required and assigned to be available for emergency call back,
outside of his regular daily or weekly work schedule, the employee shall be compensated
for such stand-by hours that he, she, they remained available at $3.25 per hour. Unit
employees serving in stand-by assignments shall be subject to contact requirements as
provided for by the Department Head.



Section 3-10. Show-Up Time

Page 142
Except in emergencies, an employee who is scheduled to report for work, has not been
notified to the contrary, and presents himself/herself for work as scheduled, shall be paid
for at least 4 hours at the hourly rate of pay. If work on the employee's regular job is not
available for reasons beyond his control, the City may assign the employee substitute
work. Where there is substitute work readily available, the opportunity for such work will
not be arbitrarily denied.

In the event scheduled work is interrupted due to conditions beyond the City's control,
and substitute work is not available to be assigned, affected employees shall be paid for
4 hours at the hourly rate of pay, beginning at release, or to the end of the scheduled
work shift, whichever occurs first. An employee shall have the option of using either
vacation or comp time. If there is no other leave available, unit employee shall be able to
use unpaid leave for the balance of the regular shift in compliance with the personnel
rules.

Employees released hereunder prior to the end of their scheduled shift may be required
to stand-by and keep themselves available for immediate call-back during the balance of
their scheduled shift (for which time they shall be entitled to stand-by pay under Article 3,
Section 3-9 hereof). Employees called back to work shall be entitled to their hourly rate
of pay only and not any guaranteed minimums for work performed during the balance of
their regularly scheduled shift.



Section 3-11. Jury Duty Pay

A unit employee called for jury duty or subpoenaed by a court as a witness shall be
granted a leave of absence for the period of jury or witness service and will be
compensated his/her regular pay and jury or witness pay for work absences necessarily
caused by such jury or witness duty. To be eligible for such pay, an employee must
present verification of the call to jury or witness duty.

A unit employee required by the Court to call in for jury duty the morning of his/her
scheduled daily work shift may elect to take the day off on vacation or compensatory time.
Such leave request shall not be denied. Should the unit employee be required by the
Court to report for jury duty, the vacation or compensatory time will be restored from the
actual time of reporting required by the Court through the end of the scheduled work shift.
To be eligible for such leave restoration, the unit employee must present verification of
the jury service.





Page 143
Unit employees subpoenaed to appear as a witness in court as a result of their official
duties on their status as a City employee shall return all fees tendered for such service to
the City.

Paid Jury Duty leave shall not be allowed when the unit employee is the defendant,
plaintiff, or voluntary character witness in a court action.



Section 3-12. Deferred Compensation Program

The current percentage of base pay for deferred compensation is .45 %.



Section 3-13. Sick Leave Conversion at Retirement

A. Sick Leave Cash Out Formula

A unit employee who has accumulated a minimum of 750 qualifying hours or more of
accrued and unused sick leave at the time of retirement shall be paid an amount of
compensation equal to 25% of his base hourly rate for all hours in excess of 250 hours.

B. Final Average Salary

The number of sick leave hours eligible to be cashed out and included in an employee’s
Final Average Salary upon retirement will be limited to the number of sick leave hours in
the employee’s leave bank on July 1, 2012, provided all criteria are met as described in
Subsection A.

Employees with less than 250 hours of accrued and unused sick leave on July 1, 2012,
will not meet the minimum balance requirements for a sick leave cash out that can be
included in their Final Average Salary.

The portion of accrued and unused sick leave that is not included in the Final Average
Salary upon retirement can be cashed out as a lump sum upon retirement, provided all
criteria are met as described in Subsection A.

The number of vacation leave hours eligible to be cashed out and included in an
employee’s Final Average Salary upon retirement will be limited to the number of vacation
leave hours in the employee’s bank on June 30, 2014, not to exceed 450 hours.




Page 144
ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS

Section 4-1. Hours of Work

The City, in collaboration with the Union, may approve flextime schedules when all the
following conditions are met:

1. Approval of Department Head
2. Approval of LIUNA Local 777 Business Manager or their Designee
3. Mutually agreed schedule between Unit Employee and Supervisor
4. The City, the Union and the affected employee(s) shall sign a written agreement.

A. This Article is intended to define the normal hours of work and to provide the basis for
calculation and payment of overtime pursuant to Article 3, Section 3-3.

B. Work Week Defined

The regular work week for regular full-time unit employees shall consist of 5
consecutive work days in a 7 day pre-established work period, except as provided in
Article 4, Section 4-1-F and except in those departments performing normal services
regularly on Saturday and/or Sunday and except in those operations utilizing a
different work week, such as a 4 day work week.

C. Work Day Defined

The work day for regular full-time unit employees shall consist of 8 hours of work within
any 24 hours in a pre-established work schedule, exclusive of unpaid time allotted for
meals except in those operations utilizing a different workday schedule such as a 10
hour work day.

D. Work Schedule Changes

Except for emergency situations, permanent regular work schedules shall not be
changed without notice by the Department of at least 14 days to the affected
employee(s) and to the Union. Exceptions for more or less than the 14 days notice
mentioned above may be mutually agreed to by labor and management on a case by
case non-precedent basis.




Page 145
When temporary work schedule changes are necessary, the Department will try to
give affected employees at least 2 calendar days notice or, if less notice, it will be
considered an emergency.

When changes are to be made by the City on a permanent basis for other than
emergency reasons, or where new permanent schedules are to be adopted, the City
will notify the Union of such changes or new schedules, prior to implementation.
Overtime work or stand-by, before or after the normal work day or work week, does
not constitute a change in the work schedule. A department will not reassign
employees to another work location temporarily for arbitrary or capricious reason(s).

E. Summer Work Schedules

Summer hours may begin no later than the first Monday in April, and may terminate
no earlier than the second Monday in October whenever such scheduling impacts
operations, all of which are within the discretion and control of the City, and where
such summer scheduling has been customarily used in the past. Summer scheduling
may, at the discretion of the City, be implemented earlier or terminated later in the
year than specified in this section. Summer work schedules in the Streets Department
and Parks Department may begin at 5:00 a.m.

It shall be within the Department Head's discretion to determine starting times for
summer hours based on such operational considerations as dividing and/or rotating
crew starting times to facilitate safety to the public, employees and equipment, to
guarantee a high level of convenient service to the public, to preclude negative impact
on traffic flow, and similar factors.

F. SWEO Schedule

The City may implement a 10 hour workday, 4 workdays per week schedule in all
functions of the Solid Waste Management Division.

Except for Solid Waste Collections and Disposal, the regular work-week for regular
full-time unit employees working a “four/ten” work schedule shall consist of 4
consecutive work days in a 7 day pre-established work period.



Section 4-2. Rest and Lunch Periods




Page 146
A. Existing workday schedules spanning 9 elapsed hours shall continue to include a 60
minute unpaid meal period. Existing workday schedules of 8-1/2 hours and 10-1/2
hours shall continue to include a 30 minute unpaid meal period. Workday schedules
of 8 and 10 consecutive hours shall include a paid straight time meal period of up to
½ hour on the job. Two (2) non-work periods of up to 15 minutes during a regular daily
shift shall be permitted by supervision to promote the health, safety, and efficiency of
employees on the job. Emergency situations may make this impossible in rare
situations. Activities of employees during those non-work periods shall not be subject
to any unreasonable restrictions.

B. After a Unit employee has worked 2 hours, or more, in addition to the
employee’s regular daily work shift, the employee shall be entitled to an
additional 15-minute non-work period (break).

C. When a unit employee does not receive a paid meal period, his/her meal period shall
be uninterrupted and duty-free.



Section 4-3. Clean-Up Time

Employees will be given time, in keeping with past practice, at the end of a normal daily
shift for personal clean-up.

Such time is in addition to and exclusive of any time the City requires be spent for
maintaining equipment.

The intent of the above provision has always been to allow field employees who need
personal clean-up prior to rest or lunch periods a reasonable amount of time to do so.
Clean-up material should be supplied on an as needed basis to field employees. If the
field supervisors and employees act reasonably in addressing the issue, everyone will
have a healthier and safer work environment.



Section 4-4. Seniority

A. The City shall provide the Union with a list of unit employees showing each unit
employee’s employment date and class date.

B. Seniority shall be by length of service within a class. If seniority within a class is not
determinative, then length of service with the City shall prevail.



Page 147
C. Seniority shall be used as a factor consistent with established Civil Service procedures
in choice of work assignments, vacation schedules, and in the determination of layoffs.

Department policies for work assignment selection and vacation scheduling will be
discussed with the Union at least 30 days prior to implementation.



Section 4-5. Transfer Program

The City and the Union acknowledge mutual interest in the success of the present
program of minimizing layoffs of employees by seeking to place such employees in other
positions, consistent with Civil Service Rules on seniority. The Union agrees to provide
positive counseling to unit employees so affected to ease the transition to other positions.
The City agrees to make available, on request, job counseling in order to provide training
assistance to the employee during the first 30 days of the new work assignment.

Although not required to honor a request for a voluntary transfer for an employee having
documented extraordinary personal hardship beyond his/her control, the City will try to
honor the request. In such a case, factors such as, but not limited to, the employee’s shift,
seniority, and work record may be considered.

To every extent practicable, a transferred unit employee will be allowed to maintain his
previous vacation schedule.

Section 4-6. CDL Renewal

Employees will be allowed City time to renew their CDL license and or related
endorsements and will be reimbursed for such renewal fees which will include the
HAZMAT background screening fee.




ARTICLE 5: BENEFITS

Section 5-1: Employee Assistance

The City Employee Assistance Program, will provide confidential, individual and family
counseling to all employees and their household members. These services will be
furnished by an independent contract agency to be chosen by the City.




Page 148
Section 5-2: Health and Dental Insurance

A. The City shall maintain the current 80/20 split for health insurance for both single and
family coverage. If there is a rate increase or decrease the City shall pay 80% of the
new monthly contribution and the employee will pay 20%.

B. The City agrees to the continuation of a Healthcare Taskforce for the purpose of
studying existing plans and to explore alternative plans. The Taskforce shall include
representatives of the City and Union.

C. The City shall retain the dental insurance plan for unit employees and their qualified
dependents. At a minimum, the plan shall include a PPO option that consists of
100% payment of reasonable and customary covered charges for preventive and
preventive-related diagnostic services, and 80% payment of reasonable and
customary covered charges for basic services, and major services. The City shall
retain a plan option that includes an orthodontia benefit with a maximum lifetime
benefit of up to $4,000 per person. Dental plans may be subject to deductibles and
limitations contained in the contract between the dental insurance carrier and the City
of Phoenix. The City shall pay the premium costs for single unit employees enrolled
in the base dental HMO or PPO plan (employee only coverage), and 75% of the
premium costs for unit employees and their qualified dependents (family coverage).

The City shall maintain the current dental premium split. For the base PPO and HMO
dental plans, if there is a rate increase or decrease, the City will pay 100% of the
new monthly contribution for single coverage for employees enrolled in the base
dental HMO or PPO plan. If there is a rate increase or decrease, the City will pay 75%
of the new monthly contribution, and the employee will pay 25% for family dental
coverage.

D. The City agrees to continue the formalized complaint procedure with respect to the
service under all plans.

E. Unit employees retiring on or after July 1, 2006, who meet all other MERP eligibility
requirements and enroll in either single or family City of Phoenix health insurance,
shall receive an additional $100.00 per month to help defray the cost of health
insurance.





Page 149
Unit employees retiring after August 1, 2022, who meet eligibility requirements, shall
receive the $150 month allowance for Post Employment Health Plan accounts
(PEHP).



Section 5-3: Life Insurance

The City will provide regular full-time unit employees the existing off-the-job and on-the-
job life and dismemberment insurance coverage. The face value of the policy being
$15,000; in addition the City will pay $75,000 for death in-the-line-of-duty insurance.

The designated beneficiary of a unit employee will be paid for all accumulated sick leave
hours that remain on the City's official file at the time of a line-of-duty death of the unit
employee and payment will be based upon the unit employee’s current base hourly rate.
The beneficiary shall be designated in the eCHRIS Benefits portal for the City of Phoenix
Group Life Insurance Program on file in the City Human Resources Department.

Additionally, the City will provide to each unit employees a $200,000 death benefit
covering the unit employee’s commutation to and from their City work location. The
current City Life Insurance carrier will cover the unit employee’s commute for up to two
hours before their shift begins, and two hours after their shift concludes. The Union will
only pay the cost of their benefit the first year of the MOU.

In the event of the death of a unit employee while commuting to or from their work location,
for a period of two hours each way, the City will continue to pay the full monthly health
insurance premium for the spouse and all eligible dependents. The current City Life
Insurance carrier for the payment of a supplementary commutation life insurance policy
for each unit employee. The Union will pay the cost of this benefit, if any, the first year of
each new MOU period.



Section 5-4. Long Term Disability Insurance

Employees who have been continuously employed and working on a full-time basis for
twelve consecutive months are eligible for long term disability coverage. After an
established 90 calendar day qualifying period, the plan will provide up to 66-2/3% of the
employee's basic monthly salary at the time disability occurs and continue up to age 75
for employees who have been employed full-time for 36 months and one day. This
coverage will be coordinated with leave payments, industrial insurance payments,
unemployment compensation, social security benefits and disability provisions of the
retirement plan.


Page 150
Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to apply for long term disability coverage for no more than 30 months.


Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave
Donations

A. Holidays / Personal Days

The City agrees to incorporate into the MOU the benefits provided under A.R. 2.11
modified to indicate the following holidays.

Employees, except those on hourly paid status, shall, when possible without disrupting
the various municipal services, be allowed the paid holidays listed below:

New Year’s Day January 1
Martin Luther King’s Birthday January, Third Monday
President’s Day February, Third Monday
Cesar Chavez Birthday March 31
Memorial Day May, Last Monday
Juneteenth June 19
Independence Day July 4
Labor Day September, First Monday
Indigenous Peoples’ Day October, Second Monday
Veteran’s Day November 11
Thanksgiving Day November, Fourth Thursday
Friday after Thanksgiving Day Friday after Thanksgiving
Christmas Eve Half an employee’s paid regular shift on
December 24
Christmas Day December 25
Two Personal Leave Days After completion of six months of full-time
employment.

When a holiday named in this regulation falls on Sunday, it shall be observed on the
following Monday. When a holiday named in this regulation falls on Saturday, it shall
be observed on the preceding Friday except that in the case of 6 day operations such
holidays may be observed on Saturday. This paragraph shall not apply to Christmas
Eve, which shall only be granted when it falls on the employees' regular scheduled
workday. In the case of continuous 24 hour, 7 day operations and 7 day non-continuous




Page 151
operations, holidays shall be observed only on the calendar days on which they actually
fall.

The Personal Leave Days are added to an employee’s vacation leave bank and may
be taken on any day of the employee’s choosing after completion of six months of full-
time employment, subject to operational and scheduling factors and the limitations of
A.R. 2.11. This time does not alter the maximum carryover of vacation hours outlined
in A.R. 2.18.

If a full-time unit employee’s regularly scheduled day off falls on a holiday to which he,
she, they are entitled under this Article, 1st consideration shall be given to allowing 3
consecutive days off, but if this is not feasible, a substitute day off of 8 hours with pay
shall be given at straight time on a day designated by the Department Head. Unit
employees who work a 4/10 schedule, whose regularly scheduled day off falls on one
of the holidays listed in paragraph C of this Article, shall receive 10 hours of
compensatory time. An employee shall not be paid in cash in lieu of a substitute holiday
except that in extraordinary circumstances the City Manager's office may approve
payment in cash at a straight-time rate. The substitute holiday shall not be granted
when an employee is on paid industrial leave.

A unit employee whose regular scheduled day-off falls on a holiday specified in this
Article, and who is called in to work a regular shift on such holiday and scheduled day
off, shall be compensated at 1-1/2 the regular rate for each hour assigned and worked
in addition to the substitute holiday provided above.

B. Vacation Accumulation

Vacation accrual and carryover shall be governed according to the following table:

MONTHLY MAXIMUM MAXIMUM
SERVICE ACCRUAL CARRYOVER PAYOUT

0-5 years 8 hours 192 hours 290 hours
6-10 years 10 hours 240 hours 350 hours
11-15 years 11 hours 264 hours 380 hours
16-20 years 13 hours 312 hours 440 hours
21+ years 15 hours 360 hours 500 hours

C. The parties agree that on all City holidays, unit employees whose regularly assigned
work week consists of 4 10 shifts, shall not be required to submit documentation for 2
hours of paid leave.



Page 152
Unit employees shall be allowed a vacation buyout twice per calendar year, by
notifying the Department payroll staff in writing of such intent during the month of either
October or April, to be paid on the last paycheck of November and May. The total
annual buyout is up to a maximum of 80 hours taken in no more than 40 hour
increments, after the employee has accumulated a minimum of 175 hours and has
used 40 hours of vacation/comp-time during the calendar year.

D. Parental/Family Leave

The City will, as a matter of general policy, and subject to operational needs, authorize
up to 3 months of unpaid leave for an employee who is the parent of a newly born or
legally adopted child or any Unit employee who needs to care for an ill family member.
Family members include spouse, children (natural, adopted, foster, or stepchildren),
brother, sister, parents, grandparents, as well as others living in the same household
with the employee. Approval and use of this leave shall be subject to existing
Personnel Rules.

E. An employee may use up to 10 hours of accumulated sick leave in at least one-hour
increments each calendar year for the home care or medical treatment for an
immediate family member residing in the employee’s household. This will be marked
as “BO” on leave slips. When there is an extreme illness or injury situation where a
life or death question exists involving an immediate family member, an employee may
use up to 5 days of accumulated sick leave. (This should not be construed as
bereavement leave under Personnel Rule 15g). This will be marked as “BN” on leave
slips.

In addition, employees may have dependent care situations where the above leave is
insufficient to cover their absence. Therefore, employees will be allowed to use
unscheduled accumulated vacation or compensatory time for the care of an immediate
family member up to a maximum of 5 incidents not to exceed a total of 40 hours each
calendar year.

For all the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor, when
evaluating the job performance of an employee involved in a leave management
program, up to a maximum total of 7 incidents per calendar year. An incident is defined
as an absence from work, regardless of the length of time.





Page 153
An immediate family member is defined as the employee’s spouse, qualified domestic
partner, mother, father or child. A child is defined as a biological, adopted, foster or
stepchild, legal ward, or a child of a person standing in place of a parent. A brother,
sister, grandparent, or in-law who is living with the employee under his/her care is also
defined as an immediate family member.

In FY 2024, the City and the Union will meet and discuss changing sick leave
codes (e.g., BN, BO, BI, BE).

F. Leave Donations

Unit employees may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness or injury of an employee or their immediate family member. An immediate family
member is defined as the employee’s spouse, qualified domestic partner, mother,
father, or child. A child is defined as a biological, adopted, foster or stepchild, legal
ward, or a child of a person standing in place of a parent. A brother, sister,
grandparent, or in-law who is living with the employee under his/her care is also
defined as an immediate family member. Requests to receive such leave
contributions will require a completed doctor’s certification.



Section 5-6. Tuition Reimbursement

A. Unit Employees who participate in the Tuition Reimbursement Program shall be
eligible for tuition reimbursement pursuant to the following provisions:

1. The maximum sum reimbursable to unit employees each MOU year shall be
$6,500.

2. To be eligible for any reimbursement, unit employees must have successfully
completed academic or training courses approved by the department and the
Human Resources Director as provided in existing Administrative Regulations.

B. Tuition Reimbursement, in accordance with this Article, shall be made in the event an
employee’s approved course of instruction is terminated by the educational institution.
Tuition reimbursement shall not occur in the event of any voluntary termination of
employment by the employee.





Page 154
C. The City will reimburse unit employees for expenses incurred as a result of requiring
and maintaining certification required by the City. The City will not reimburse unit
employees for classes the City provides at no cost, or for classes the City identifies
for unit employees to be taken at no cost.

D. Unit employees shall be allowed to utilize up to $150 to attend one-day, in-state, City-
related seminars/training.




ARTICLE 6: MISCELLANEOUS

Section 6-1. Saving Clause

A. If any article or section of this MOU should be held invalid by operations of law or by
a final judgment of any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article or section should be restrained by such tribunal, the
remainder of this MOU shall not be affected thereby.


Section 6-2. Copies of MOU

A. Within 60 days after this MOU is adopted by the City Council, the Union will arrange
for printing of jointly approved copies of it for furnishing one to every unit employee,
unit supervisor and to management personnel. The costs of such duplication and
distribution will be borne equally by the Union and the City.

B. Printing vendors secured by the Union shall comply with Chapter 18, Articles IV (City
Construction Contractors' Affirmative Action Requirements) and V (Supplier's and
Lessee's Affirmative Action Requirements), Phoenix City Code.



Section 6-3. Aid to Construction of Provisions of MOU

A. The provisions of this MOU shall be in harmony with the rights, duties, obligations and
responsibilities which by law devolve upon the City Council, City Manager, and other
City boards and officials, and these provisions shall be interpreted and applied in such
manner.





Page 155
B. The lawful provisions of this MOU are binding upon the parties for the term thereof, it
being understood that the Union is precluded from initiating any further meeting and
conferring for the term thereof relative to matters under the control of the City Council
or the City Manager.



Section 6-4. Part-Time Employees

Hourly paid unit employees, excluding seasonal and temporary employees, who have
worked a minimum of 50 hours in each pay period for 26 consecutive weeks shall be
entitled to the same benefits for authorized work on holidays as received by regular full-
time unit employees. In addition, such employees shall receive vacation credits prorated
for the number of hours worked after the qualifying period is satisfied. Vacation credits
shall be calculated and paid in cash in December and June. These hourly-paid employees
shall be considered for advancement from Pay Step 1 to Pay Step 2 after completing
1,040 hours of work in Step 1 and for advancement from Pay Step 2 to Pay Step 3 after
working 2,080 hours in Pay Step 2.

Hourly paid unit employees who have worked a minimum of 50 hours in each pay period
for 26 consecutive weeks shall be entitled to the same benefits as received by regular
full-time unit employees. Members that meet these requirements shall be eligible for
participation in the City's Health, Life, and Dental insurance programs. The City's premium
participation will be the same as that provided for full-time employees. Continuation of
participation under these plans will be determined by reviewing the average hours worked
in the prior 12-month period every calendar year on October 1. This qualifying period will
be determined for the following benefit year effective January 1. If the employee
separates from City employment, the participation will cease.

Part-time employees are allowed an hours reduction of up to 2 weeks in one pay period
in the (26 week qualifying period and each period thereafter, without impacting their
eligibility to participate in the part-time employees’ benefit programs.



Section 6-5. Term and Effect of MOU

A. This Memorandum shall remain in full force and effect commencing with the beginning
of the first regular pay period in July 2024, up to the beginning of the first regular pay
period commencing in July 2026. In compliance with the Meet and Confer Ordinance
(Phoenix City Code Chapter 2, Article XVII, Division 1) as may be amended, on or




Page 156
before December 1, 2025, LIUNA 777 shall submit its proposed memorandum of
understanding for the next contract period.

B. Except as expressly provided in this MOU, the City shall not be required to meet and
confer concerning any matter, whether covered or not covered herein, during the term
or extensions thereof.

C. The provisions of this MOU shall be subject to Federal, State and local law that vests
jurisdiction and authority in other public boards and officials, including the City Council,
Phoenix Employment Relations Board, Phoenix Civil Service Board, City Manager and
Department Managers, or determines issues contrary to the provisions hereof.

D. This Memorandum constitutes the total and entire agreements between the parties
and no past written or verbal statement/agreements shall supersede any of its
provisions. All side agreements executed during this MOU contract period will expire
on or before the contract end date unless incorporated into the MOU or extended by
mutual agreement. Any supplement, amendments, or modifications to this MOU which
are mutually agreed upon must be reduced to writing and signed by both parties.





Page 157
IN WITNESS WHEREOF, the parties have set their hands this

____ of May, 2024



______________________________________________________________________
Stephen Switzer, LIUNA Local 777 Representative


______________________________________________________________________
Jason Perkiser, Assistant Human Resources Director, City of Phoenix


______________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix


ATTEST:


______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix


APPROVED AS TO FORM:


______________________________________________________________________
City Attorney, City of Phoenix




LIUNA 777 Team: City of Phoenix Team:
Stephen Switzer Jason Perkiser, Human Resources
Michael Ruelas Scott Coughlin, Parks and Recreation
Daniel Salinas Jesse Duarte, Street Transportation
Kimberly Gallego Justeen Cook, Public Works
Ronald March Corina Ramsey, Human Resources
Jose Mascareno Lorraine Rodriguez, Human Resources (Coordinator)
Dan Ward Kia Chambers, Human Resources (Scribe)
John Sandoval





Page 158



Report

Approving the Memorandum of Understanding Between the City of Phoenix and
American Federation of State, County and Municipal Employees, AFSCME Local
2384 (Unit 2) (Resolution 22205)

The City of Phoenix has met and conferred with American Federation of State, County
and Municipal Employees, AFSCME Local 2384 (Unit 2) in accordance with the terms
of Section 2-218 of the City Code, and a Memorandum of Understanding (MOU) has
been approved by the organization's membership. A copy of the proposed MOU has
been filed with the City Clerk and an opportunity for public comment was conducted at
the May 1, 2024, City Council Formal Meeting.

The following is a compensation summary in the proposed MOU:
· Non-continuous 2.5 percent of base wage

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.




Page 159
ATTACHMENT A



MEMORANDUM OF UNDERSTANDING

2024 – 2026

CITY OF PHOENIX

AND

AMERICAN FEDERATION

OF STATE, COUNTY

AND MUNICIPAL EMPLOYEES

LOCAL 2384, AFL-CIO

REPRESENTING FIELD UNIT II EMPLOYEES




Page 160
PREAMBLE .................................................................................................................... 4
ARTICLE 1: RIGHTS ...................................................................................................... 5
SECTION 1-1: GENDER ................................................................................................................................ 5
SECTION 1-1A: RECOGNITION ..................................................................................................................... 5
SECTION 1-2: CITY AND DEPARTMENT RIGHTS ............................................................................................. 5
SECTION 1-3: UNION RIGHTS ....................................................................................................................... 6
SECTION 1-4: RIGHTS OF UNIT EMPLOYEES ............................................................................................... 11
SECTION 1-5: PROHIBITION OF STRIKE AND LOCKOUTS ............................................................................... 18
SECTION 1-6: NEW POSITIONS/CLASSIFICATIONS ....................................................................................... 18
ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT .......................... 19
SECTION 2-1: GRIEVANCE PROCEDURE ..................................................................................................... 19
SECTION 2-2: ARBITRATION ....................................................................................................................... 24
SECTION 2-3: LABOR-MANAGEMENT COMMITTEE ....................................................................................... 27
SECTION 2-4: HEALTH AND SAFETY COMMITTEE ......................................................................................... 28
ARTICLE 3: COMPENSATION/WAGES ...................................................................... 29
SECTION 3-1: WAGES ............................................................................................................................... 29
SECTION 3-1A: PRODUCTIVITY ENHANCEMENT PAY.................................................................................... 30
SECTION 3-2: OVERTIME ........................................................................................................................... 31
SECTION 3-2A: CALL OUT PAY .................................................................................................................. 32
SECTION 3-3: OUT-OF-CLASS PAY............................................................................................................. 33
SECTION 3-4: SICK LEAVE CONVERSION AT RETIREMENT............................................................................ 34
SECTION 3-4A: SICK LEAVE PAYOUT ......................................................................................................... 34
SECTION 3-5: SHIFT DIFFERENTIAL PAY ..................................................................................................... 35
SECTION 3-5A: WEEKEND SHIFT DIFFERENTIAL PAY .................................................................................. 35
SECTION 3-6: STAND-BY PAY .................................................................................................................... 35
SECTION 3-7: SHOW-UP TIME ................................................................................................................... 36
SECTION 3-8: JURY DUTY .......................................................................................................................... 36
SECTION 3-9: DEFERRED COMPENSATION PROGRAM ................................................................................. 37
ARTICLE 4: HOURS OF WORK/WORKING CONDITIONS ........................................ 37
SECTION 4-1: HOURS OF WORK................................................................................................................. 37
SECTION 4-2: REST AND LUNCH PERIODS .................................................................................................. 38
SECTION 4-3: CLEAN-UP TIME ................................................................................................................... 39
SECTION 4-4: SENIORITY ........................................................................................................................... 39
SECTION 4-5: BUMP/BID PROCEDURE FLEET SERVICES DIVISION................................................................ 40
SECTION 4-6: TECHNOLOGY ...................................................................................................................... 42
ARTICLE 5: BENEFITS ................................................................................................ 42
SECTION 5-1: HEALTH INSURANCE AND EMPLOYEE ASSISTANCE ................................................................. 42
SECTION 5-2: DENTAL INSURANCE ............................................................................................................. 43
SECTION 5-3: LIFE INSURANCE .................................................................................................................. 44
SECTION 5-4: LONG-TERM DISABILITY INSURANCE ..................................................................................... 44
SECTION 5-5: HOLIDAYS AND VACATION LEAVE .......................................................................................... 45
SECTION 5-6: UNIFORMS ........................................................................................................................... 46
SECTION 5-7: PARKING ............................................................................................................................. 47
SECTION 5-8: TOOL ALLOWANCE ............................................................................................................... 47
SECTION 5-9: PARENTAL LEAVE................................................................................................................. 48
ARTICLE 6: MISCELLANEOUS .................................................................................. 49
SECTION 6-1: SAVING CLAUSE................................................................................................................... 49
SECTION 6-2: COPIES OF MEMORANDUM ................................................................................................... 49


Page 161
SECTION 6-3: APPRENTICESHIP PROGRAMS ............................................................................................... 49
SECTION 6-4: PART-TIME EMPLOYEES ....................................................................................................... 50
SECTION 6-5: DEPARTMENT CERTIFICATIONS AND REQUIRED LICENSES ...................................................... 51
SECTION 6-6: SAFETY MANUAL.................................................................................................................. 51
SECTION 6-7: TERM AND EFFECT OF MEMORANDUM ................................................................................... 51
SECTION 6-8: ............................................................................................................................................ 52
ADDENDUM A - ALLOCATION OF STEWARDS ........................................................ 54
ATTACHMENT A .......................................................................................................... 55





Page 162
PREAMBLE
WHEREAS the well-being dignity, respect, and morale of the employees of the City are
benefited by providing employees an opportunity to participate in the formulation of
policies and practices affecting the wages, hours, and working conditions of their
employment; and

WHEREAS the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter Memorandum or M.O.U.) are not intended to abrogate the
authority and responsibility of City government provided for under the statutes of the State
of Arizona or the Charter or Ordinances of the City of Phoenix except as expressly and
lawfully modified herein; and

WHEREAS the parties agree that the Phoenix Employment Relations Board (P.E.R.B.)
unit certification reflects that there exists a clear and identifiable community of interest
among employees covered by this Memorandum; and

WHEREAS the parties, through their designated representatives, met and conferred in
good faith pursuant to the Meet and Confer Ordinance in order to reach agreement
concerning wages, hours, and working conditions of employees in Field Unit II;


NOW therefore, the City of Phoenix, hereinafter referred to as "the City," and Local 2384,
as an affiliate of the American Federation of State, County, and Municipal Employees,
AFL-CIO, hereinafter referred to as the "Union", having reached this complete agreement
concerning wages, hours, and working conditions for the term specified, the parties
submit this Memorandum to the City Council of the City of Phoenix with their joint
recommendation that body resolve to adopt its terms.





Page 163
ARTICLE 1: Rights

Section 1-1: Gender
Whenever any words used herein in the masculine, feminine, or neutral, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.


Section 1-1A: Recognition

A. The City recognizes the Union as the sole and exclusive meet and confer agent
pursuant to the Meet and Confer Ordinance as amended, for the purpose of
representation regarding wages, hours, and other conditions of employment for all
employees in positions constituting Field Unit II, as certified or as may be modified
by the Phoenix Employment Relations Board (P.E.R.B.).


Section 1-2: City and Department Rights

A. The Union recognizes that the City has and will continue to retain, whether exercised
or not, the unilateral and exclusive right to operate, administer, and manage its
municipal services and work force performing those services in all respects subject
to this Memorandum.

B. The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not expressly modified by specific provisions of
this Memorandum and such decision-making shall not be in any way, directly or
indirectly, subject to the grievance procedure contained herein.

C. The exclusive rights of the City shall include, but not be limited to, the right to
determine the organization of City government and the purpose and mission of its
constituent agencies, to set standards of service to be offered to the public, and
through its management officials to exercise control and discretion over its
organization and operations, to establish and effect Administrative Regulations and
employment rules and regulations consistent with law and the specific provisions of
this Memorandum, to direct its employees, to take disciplinary action for just cause,
to relieve its employees from duty because of lack of work or for other legitimate
reasons, to determine the methods, means, and personnel by which the City's
services are to be provided, including the right to schedule and assign work and
overtime, and to otherwise act in the interest of efficient service to the community.
Nothing herein shall be construed to diminish the rights of the City under Section 5
of the Meet and Confer Ordinance.




Page 164
Section 1-3: Union Rights

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked, any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.

A. Union Release

The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and AFSCME Local 2384 have
negotiated full-time release positions, and release hours, as an efficient and readily
available point of contact for addressing labor-management concerns. Examples of
work performed by the release positions in support of the City include ensuring
representation for employees during administrative investigations and
grievance/disciplinary appeal meetings with management; participating in
collaborative labor-management initiatives that benefit the City and the members;
serving on City and departmental task forces and committees; facilitating effective
communication between City and Department management and employees;
assisting members in understanding and following work rules; and administering the
provisions of the Memorandum of Understanding. Union release is also used for
authorized employees to prepare for appeals and hearings and attend Union
conferences, meetings, seminars, training classes and workshops so that employees
better understand issues such as City policies and practices, conflict resolution,
labor-management partnerships, and methods of effective representation. The cost
to the City for these release positions and release hours, including all benefits, has
been charged as part of the total compensation detailed in this agreement.

1. Full-Time Release Positions

Four full-time release positions, designated by the Executive Board of the Union,
shall each be allowed up to 2,080 work hours per M.O.U. year to engage in lawful
union activities, pursuant to and consistent with this Memorandum. There will be
a deduction of hours from the Union’s release bank for the fourth full-time release
positions. The full-time release positions agree to comply with all City rules and
regulations. Full-time release positions are subject to all City Personnel Rules
and Administrative Regulations. The City will pay the employees’ full time fringe
benefits. Time used for this purpose in excess of 2,080 hours per position shall
be at the expense of the Union, and the Union shall reimburse the City at the
applicable employee’s hourly rate of pay.

The Union will keep the Labor Relations Division apprised of the regular work
schedules of the release positions and submit leave slips for processing.





Page 165
Upon return to their regular city duties, the Unit employee shall be reinstated to
their original position, location, and schedule by seniority.

The City values and benefits from the participation of Union leaders on citywide
task forces and committees, Labor - Management work groups, and a variety of
Health and Safety committees. These activities take time away from expected
tasks such as representation and communicating with the membership and may
occur outside the regular work day of the Union officials. The full-time release
positions agree to participate in these important committees and task forces. In
recognition of this commitment, the City agrees to pay the President of the Union
two hundred eight (208) hours of straight time in his/her compensatory time bank.
Each of the other three full-time Union release positions will receive eighty (80)
hours of straight time in each of their compensatory time banks each MOU year.

The Union, subject to departmental operation and scheduling factors and
reasonable advance notice, shall be allowed a total of one hundred and fifty (150)
hours of paid leave to attend Union seminars, lectures, and conventions.

In addition, the Union shall be allowed fourteen thousand dollars ($14,000)
reimbursable to the Union by the City each M.O.U. year, for designated members
of the local to attend schools, conferences, workshops and training to develop
skills in effective member representation, conflict resolution techniques, labor-
management cooperation, and other employee relations areas that promote
cooperative and harmonious relationships. The Union will submit receipts for
reimbursement by the City. If the entire $14,000 is not used in the first year of the
M.O.U. the balance will carry over into the second year not to exceed twenty-eight
thousand ($28,000) during the term of this M.O.U. Funds not used by the end of
the M.O.U. will expire.

2. Union Stewards

The Union may designate up to fifty-five (55) site stewards, twenty-six (26) chief
stewards, and seventeen (17) lead stewards to serve as Union representatives.
Such designations shall be made from amongst employees regularly working at
the job sites as specified in Attachment "A" and such stewards shall service
grievances at said job sites to which they are regularly assigned, in accordance
with Attachment "A" hereto. Chief Stewards may substitute for job site stewards
in the assigned area of jurisdiction as shown in Attachment "A."

a. The Union shall notify the Labor Relations Division of the Human Resources
Department, in writing, of its designations and re-designations of stewards and
chief stewards.

b. There shall be no obligations on the City, nor shall the City change or modify
employees' permanent regular work schedules or assignments solely as a
result of such designations.


Page 166
c. One such steward from the Grievant’s home department and the grievant may,
after the grievant and the supervisor were unable to resolve the matter
informally (Article 2, Section 2-1) when the Union is designated by a grievant
as his representative, attend mutually scheduled grievance meetings with City
of Phoenix department representatives without loss of pay or benefits. One
steward working in the same department as a unit member under investigation
may also attend investigative meetings without loss of pay or benefits.
Stewards not from the same department as the grievant or employee under
investigation may provide representation, however the total time spent on
representation will be requested from and charged to the bank of hours as
outlined in 1-3 A 3.

d. City employees who are on duty, either witnesses or grievants and the shop
steward representing an employee, may attend Civil Service meetings and
Phoenix Employment Relations Board (P.E.R.B.) meetings on City time.

e. The Union will be allowed subject to operational and scheduling factors and
fourteen (14) calendar days advance notice, up to one day of paid release time
for authorized stewards to attend a one-time contract orientation session
conducted by the Union in each year of the contract.

f. Union Stewards are subject to all City Personnel Rules and Administrative
Regulations.


3. Bank of Union Release Hours

The Union will be allowed, subject to operational and scheduling factors and
seventy two (72) hours advance notice in each instance, a unit total of three
thousand one hundred eighty three (3,183) hours paid release time in a bank of
release hours per M.O.U. year. Requests for release time shall be submitted to
the Labor Relations Administrator and approval of release time hereunder shall
not be arbitrarily withheld.

With the exception of the ten elected union officials, only one representative may
be released from the same work group/shop at the same time. The union may
request an exception when training is being provided by the International Union.
Approval will not be arbitrarily withheld. No representative (with the exception of
the ten elected union officials), will be permitted to use more than 420 hours of
release time from the bank of hours in any one M.O.U. year.

Any hours used in excess of the bank of Union release hours must be approved
by the Labor Relations Administrator and the AFSCME Local 2384 President. The
number of hours used in excess of the allowable Union release hours at the end
of the contract term will be deducted from the Union release hours available for


Page 167
the following year. A maximum of 8,325 surplus hours will be carried over into
the next year.

B. Unpaid Release Time for Unit Related Activity

Union members may be authorized in advance in writing to engage in lawful Union
activities during City work hours on a non-paid basis at the unrestricted discretion of
the City Manager or designee consistent with the purpose of this Memorandum.

A member selected by the Union to do Unit representative work which takes the
employee from his employment with the City shall, at the written request of the Union,
and subject to Civil Service Rules, be granted an unpaid leave of absence. The leave
of absence shall be in increments of no less than three (3) months and shall not
exceed one (1) year, but it may be renewed or extended for a similar period upon the
request of the Union.

C. The Union will be allowed one (1) hour each orientation session to talk to and recruit
new Unit members into the Union and to explain the rights and benefits under the
M.O.U. This time will be allotted in addition to new employee orientation, at the
departments that have new employee orientation, in the Aviation, Public Works, and
Water Services Departments. The content of such information shall not be political in
nature, or abusive of any person in City employment. This time shall be considered
de minimus time.

D. Prior to the termination of the current Memorandum and subject to operational and
scheduling factors, each designated Union representative, which is defined as the
elected Executive Board, will be allowed up to one day of paid release time to facilitate
the familiarization of the terms of the successor Memorandum.

E. There shall be no use of official time for Union related activities except as expressly
authorized under the aforesaid sections.

F. International and Union Representatives

Accredited International and appropriately designated Local representatives shall be
admitted to the buildings and grounds of the City during working hours for legitimate
Union purposes including providing representation to employees, so long as such will
not interfere with any work operation or the safety and security of any work site. Such
representative will check in with the supervisor involved and will be required to
conform to the safety regulations of the work site. Non-City personnel will be identified
to the department director or designee prior to entering restricted City areas.

G. Payroll Deduction

1. The City shall deduct from the first pay warrant of Union members, in each month,
the regular periodic membership dues and regular periodic Union sponsored


Page 168
insurance premiums pursuant to the City's deduction authorization form duly
completed and signed by the employee and transmit such deductions monthly to
the Union no later than the fourteenth (14th) day following the end of the pay
period in which the deduction occurs, along with an alphabetical list of all
employees for whom deductions have been made. Such deduction shall be made
only when the Union member's earnings for a pay period are sufficient after other
legally required deductions are made.

2. Authorization for membership dues deduction herein under shall remain in effect
during the term hereof unless revoked by the employee. Revocation of
deductions shall be accepted by the City only during the first week of July or
January to be effective the following payroll period. The City will notify the Union
of any revocations submitted to it.

3. The City shall not make dues deductions for Unit employees on behalf of any
other employee organization (as defined in the Meet and Confer Ordinance)
during the term of this Memorandum. At each scheduled Labor Management
Committee meeting, the City shall provide to the Union a list of any exceptions to
this provision arising from transfers between any other Unit.

4. It is agreed that the City assumes no liability except for its gross negligence on
account of any actions taken pursuant to this section. The City will however, as
promptly as technically possible, implement changes brought to its attention. The
City shall at the written request of the Union during the term of this agreement
make changes in the amount of deduction hereunder for the general membership
provided cost for implementing such changes shall be reimbursed by the Union.

H. Union Materials & Bulletin Boards

1. The Union through its designated representative, may distribute materials on the
City premises (buildings and grounds) before and after scheduled working hours
or in non-work areas during scheduled work hours provided that both the
employee distributing and the employee receiving such materials are on non-work
periods.

2. The Union shall be allowed to send one union-requested communication
per month using the City Email System to communicate with Unit 2
employees. Requests will be processed through Labor Relations. Issues
stemming from this agreement will not be subject to the grievance
procedure and will be discussed in labor-management meetings.

3. The City shall provide the Union with accessible bulletin boards at mutually
agreed upon locations. The City shall grant sole and exclusive use of such bulletin
boards to the Union.





Page 169
4. Materials which are abusive of any person or organization, which conflict with laws
regulating the political activities of City employees, and which are disruptive of the
City’s operations may not be posted or distributed.

5. The Union may grieve any refusal by the City to approve posting or distributing of
materials. The City will not arbitrarily disapprove materials.

6. Unit List: Upon the Union’s filing of a Third Party Data Sharing Agreement with
the Labor Relations Division, the City shall provide the Union, upon request, a
listing of Unit employees indicating name, employee identification number,
home address, date of employment, job classification, department number,
and/or a seniority list by job classification and a monthly list of employees
added that month to Unit 2.

7. Intranet Access: The City will endeavor to maintain remote computer access to
the City’s intranet for the Union Office.

I. Contracting Out

The City will comply with the provisions of Management Procedure Number 5.501,
dated February 7, 1994, and notify the Union, in writing, of the City's intent to contract
with a private agency for the provision of municipal services. The Union may, within
seven (7) calendar days of this notification, request a Labor-Management Committee
meeting for the purpose of discussing the potential contract. It is understood by all
parties that the Union's exercise of rights granted by this Article shall in no way delay
the process outlined in Management Procedure 5.501, nor impede the City's authority
to enter into a contractual agreement with a private agency.

The City will provide the union, upon request, with a listing in electronic format of unit
employees’ name, home address, date of employment, and department. The City will
also provide mailing information of all Unit 2 employees at the request of the Union.

The City shall provide the Union a list of all Unit 2 vacancies monthly.

Based upon mutually agreed upon frequency, departments will establish regular Labor
Management meetings with union leadership to ensure productive communications
on items such as: department policy changes and the outsourcing of services currently
performed by unit members which could directly result in a reduction in the number of
permanent Unit positions (“contracting out”).


Section 1-4: Rights of Unit Employees

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked, any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this


Page 170
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.


A. Unit employees have the right to be represented by the union and the union reserves
the right to provide representation to its members in dealings with the City concerning
grievances, and matters pertaining to their individual employment rights and
obligations, and during an investigatory interview concerning allegations focused on
the employee which may result in disciplinary action.

B. Supervisors are encouraged to discuss concerns and attempt to resolve those
concerns with an employee without utilizing a formal investigatory process.
Supervisors are encouraged to not utilize an investigatory process unless they have
a reasonable belief that discipline (a written reprimand or higher) could result. Should
information be made during a conversation to attempt to resolve an issue that could
result in discipline, the supervisor will stop the meeting and utilize an investigatory
process as outlined below. Any interview becomes investigatory when facts or
evidence sought by management may result in a disciplinary action.

• An employee is entitled to Union representation if the employee reasonably
believes that the investigatory interview will result in disciplinary action and the
employee has requested representation from their union.

C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions in order to provide the employee an
opportunity to gather additional information. In either case, a Notice of Inquiry (NOI)
form will be used. The intent of the NOI is to clearly put employees on notice that they
are under investigation that could result in discipline, inform them of the nature of the
allegations against them, and inform them of their right to representation.

D. If the City elects to issue written questions to the employee, the following shall apply:

1. If an NOI is being issued and there is no active questioning, representation is not
required.

2. The employee will have 72-hours excluding holidays and N-days to respond in
writing and provide any other material requested. This deadline may be extended
by mutual agreement if there are extenuating circumstances.

E. If the City elects to conduct an investigatory interview, the following shall apply:

1. Prior to the employee being interviewed, the employee shall be advised of their
right to a representative.

2. The NOI form will be issued at the meeting.



Page 171
3. The union representative may engage in meaningful representation, including but
not limited to assisting and consulting with the employee, attempting to clarify the
facts or questions asked, and suggesting other employees or witnesses who may
have knowledge of the underlying issues. The union representative cannot speak
on behalf of the employee or impede the progress of the interview.

4. The member or representative may ask for a caucus during the meeting. The
caucusing party will attempt to keep the caucus to reasonable timeframes.

5. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the employee. The member shall be
allowed to seek advice and counsel from their representative in caucus during the
interview.

6. The union representative may not behave in a violent, verbally abusive, insulting,
or demeaning manner toward the interviewer.

7. Prior to the conclusion of the meeting, the member or representative shall have
the opportunity to make a closing statement.

8. If the department requires a written statement at an investigatory meeting, the
employee will be given up to one hour of City time to write the statement. Additional
time may be granted at the sole discretion of the department and will not be
withheld arbitrarily.

9. The employee will be provided with a copy of the interview notes and given 72
hours excluding weekends and the employee’s holidays and N-days to
confirm their answers and provide any additional information.

10. Except for emergency situations, the unit employees shall have a minimum of 48
hours excluding weekends and the employee’s holidays and N-days to
arrange for union representation when the member is the subject of an
administrative investigatory interview. The union representative will make every
reasonable attempt to arrive within the 48 hours. An employee may waive the 48-
hour time requirement if the employee is not opting for representation. Employees
will be provided with the NOI cover sheet (and attachment if applicable) listing the
allegations against the employee 48 hours in advance of the investigatory
interview, however, the NOI/interview questions will not be provided in advance.
No reasonable request for an extension will be arbitrarily denied.

F. Regardless of whether the City elects to interview the employee, or issue written
questions, the following shall apply:

1. The employee will be instructed not to speak to anyone regarding an investigation.
This restriction does not apply to the union, the employee's family or clergy, the
investigator, or chain-of-command.


Page 172
2. The employee will be advised if the inquiry is supervisor initiated or the result of a
citizen complaint, employee/co-worker complaint, or other.

3. The member shall also be informed that none of their statements, nor any
information or evidence which is gained by reason of such statements, can be
issued against them in any criminal proceedings.

4. A unit member shall receive a copy of any statement that they are asked to sign.

5. An employee under investigation will be notified in writing every 90 calendar days
as to the current status of the investigation. Every 30 days, an employee under
investigation may request a status update. At management's discretion, the status
will be provided either verbally or in writing. This will include a brief description of
the number of known witnesses still to be interviewed and other investigate
processes remaining to be completed, as well as an estimated date of completion.

G. Misc.

1. A unit member identified solely as a witness will not be prevented from reaching
out to the union on their own time to consult with a union representative prior to
their interview.

2. Only paperwork pertaining to any completed NOI investigation resolved as
sustained will be kept in an employee's personnel files.

3. If a Union Steward is requested by management to hold over or is called in from
home by a supervisor to represent an employee at meeting required by
management, the Union Steward will receive overtime compensation for actual
time held over or a minimum of 1 hour if called from home.

H. Unit employees will be permitted to apply and/or compete in a transfer process while
in a pending investigation. The transfer process will not be delayed pending the
conclusion of the related investigation.

I. The City will provide to the employee a copy of the Citywide completed accident
investigation and any other material the City plans to present at the Citywide Accident
Review Board hearing. This material will be supplied as quickly as possible after the
material has been prepared.

J. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the employee's work shift in pursuit of benefits
provided by this Article unless otherwise specified in this MOU. The employer shall
count as time worked any hours or fractions of hours spent within the employee's
regular work shift in pursuit of benefits provided by this Article.


Page 173
K. Unit employees have the right to present their own grievance, in person or by legal
counsel.

1. Any Unit member covered hereunder or his representative designated on a written
form signed by the employee shall, on request and by appointment, be permitted
to examine his departmental personnel file, in the presence of an appropriate
supervisory official of the Department.

2. No Unit member shall have any adverse comments entered into a departmental
personnel file without the member being informed by a supervisor. The Unit
member shall be asked to date and sign such material solely as evidence of being
advised of its existence, not as indicating agreement. If the Unit member
requests, he shall receive a copy of the adverse comment.

3. Unit members may, at their discretion, attach rebuttal statements to any material
contained in their departmental personnel file, which may be adverse in nature.
The attachments must be no more than 4 pages.

L. The City will comply with provisions of A.R.S. Section 12-2506, paragraph D,
subparagraph 1, and assume responsibility for actions of any Unit II employee in a
legal proceeding for personal injury, property damage, or wrongful death, when it is
demonstrated that the employee was performing his regularly assigned duties without
malice or any degree of negligence.

M. Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types
of discipline, which may be considered for the duration of employment (and upon the
employee’s return to employment, if applicable):

Sustained discipline of a 40-hour suspension or greater discipline of the following
types:

• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees, customers of the City, or the public.
• The employee has solicited or taken for personal use a fee, gift, or favor in the
course of the assigned work or in connection with it, which would lead toward
favoritism or the appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-
3101), excepting a pocketknife (as provided in ARS 13- 3102) at a City
worksite, unless such employee is a police officer. (A worksite includes not only
City buildings and property, but also City vehicles and private vehicles while
being used on City business, and other assigned work locations.)
• The employee has intentionally falsified records or documents made, kept, or
maintained for or on behalf of the City of Phoenix.



Page 174
• The employee has stolen or is in unauthorized possession of City property or
the property of another employee or citizen.
• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies.
• The employee committed a violation of the City’s Ethics Policy.
• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
• The employee has committed a Class 3 violation of use of force (For
enforcement positions within the Police Department).

N. The City shall post on employee bulletin boards for employee review any new policies
and/or revision in City or written department policies and procedures affecting Unit II
employees and provide a copy to the Union. Notice shall remain posted for not less
than thirty (30) calendar days. Review of policy and procedure revisions shall be
included in employee meetings and shift briefings when appropriate and practical to
do so. The City will notify employees of new or revised written City or Department
policies affecting Unit employees as soon after release as possible.

Based upon mutually agreed upon frequency, departments will establish regular
Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes and the outsourcing
of services currently performed by unit members which could directly result in a
reduction in the number of permanent Unit positions (“contracting out”).

O. A coaching is a verbal discussion with an employee. A coaching is not disciplinary
nor shall it be considered a first offense for purpose of progressive discipline.
Employees will be advised that they are receiving a coaching at the time it is given.
A written record of a coaching may be placed in the supervisor’s file for both positive
and negative incidents. An employee may receive more than one (1) coaching for a
similar matter.

A supervisory counseling is a verbal warning that the supervisor shall document in
memo form. A supervisory counseling is not discipline. They are to be used to
determine only notice to the employee.

If a supervisory counseling is to be used in any disciplinary or personnel action or
any performance rating, the employee will be given the supervisory counseling in
memo form, that identifies the behavior requiring improvement, the reason for the
improvement, and the consequences of continuing the unacceptable behavior. The
memo will contain a line for the employee’s signature and above the line the
statement: “The employee shall date and sign the supervisory counseling, not as an
indication of agreement, but solely as evidence of being advised of its existence.”
The employee will receive a copy of the memo.




Page 175
A supervisory counseling will only be retained in the supervisor’s file. It will not be
placed in the employee’s personnel file.


Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original
Coachings/Supervisory in file. Not maintained Not maintained
Remove annually
Counselings in file. in file.
provided no further
incidents.
Maintain copy in Maintain original
file. in file.
Employee may
Written Reprimands Employee may
request to
request to remove
inactivate
after 3 years.
after 3 years.
Maintain copy in
Maintain original
file. Maintain copy in
in file.
Suspensions Remove annually file.
Employee may
provided no further Employee may
(other than below) request to
incidents. request to remove
inactivate
after 10 years.
after 10 years.
Maintain original
Maintain copy in
Discipline as discussed in file.
file.
in section 1-4.M. May not be
Cannot Remove
inactivated

The official discipline record is maintained in the Personnel File. Copies maintained
in either the Supervisory and/or Department files are not the official record.
Employees may request to remove/inactivate eligible documents based on the above
criteria. Official records may only be inactivated and not removed.

If an employee receives a written reprimand during the rating period, the supervisor
will document the improvement required in the employee’s performance evaluation
without documenting the issuance of discipline.

The City continues to retain the format used for corrective action/discipline, including
forms, technology, etc.

P. If an employee is not given his/her PMG by the annual review date, the employee’s
merit increase will be processed within twenty-one (21) calendar days following the
above due date and be retroactive to the PMG annual review date. (If PMG is an
overall “met”).

Employees will be notified of performance issues as they occur or are discovered.



Page 176
Q. All unit members have the right to be treated in a manner which is fair and impartial
in any matter associated with the rights of unit members under specific terms of this
Memorandum of Understanding.

If a unit employee is suspended, it is understood that a suspension day is defined as
eight (8) hours. For employees working compressed workweek, the remaining hours
of the workday would be accounted at the sole discretion of management.


Section 1-5: Prohibition of Strike and Lockouts

A. The provisions of Section 2(17) and Section 13 of the Meet and Confer Ordinance
are expressly incorporated herein.

B. There shall be no "lockout" by the City during the term hereof.


Section 1-6: New Positions/Classifications

A. The City shall give written notice to the Union 30 days in advance of a position being
reallocated or reclassified such that the position is removed from the unit.

The parties agree to consult on the inclusion or exclusion of new classification(s) in
the bargaining unit and may thereafter refer any such matter, jointly or individually, to
the Phoenix Employment Relations Board (PERB) for appropriate action.

The City shall give notice to the Union within 10 working days whenever a
classification or compensation study is undertaken that includes active positions
belonging to the Union. The Human Resources Department shall provide the Union
with an opportunity to meet with the person conducting the study prior to preparation
of any report or recommendations. The City shall notify the affected Union of the
results and recommendations resulting from any study 30 calendar days prior to that
study being presented to the Human Resources Committee. It should be noted that
there is no guarantee, either expressed or implied that changes to a classification or
its grade and salary range will result from a study.

The Union may submit a prioritized written request of classifications specific to the unit
that they wish to have studied. All written requests shall include a full explanation of
why the classification should be studied. This explanation shall indicate whether the
Union is requesting a full classification study (including job levels and job architecture)
or if the request is limited to a compensation review to assess market competitiveness
and grade and salary levels. At least two requests by the Union shall be started by the
Human Resources Department in order of their ranking per contract year.




Page 177
The Human Resources Class & Comp Division will meet monthly during the
term of the 2024-26 MOU with Unit 2 leadership to discuss issues related to
classifications brought forward as a result of the 2023 citywide classification
and compensation study; to that end, the Union may request that two additional
(totaling four per contract year) classifications in its unit be examined. This
paragraph will sunset at the end of the 2024-26 MOU term.




ARTICLE 2: Grievance/Arbitration/Labor Management

Section 2-1: Grievance Procedure
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.

A. Informal Resolution

1. The parties agree that the first attempt to resolve employee complaints arising
under this M.O.U. will be an informal discussion between the employee and his
immediate non-unit supervisor only.

2. It is the responsibility of Unit members who believe that they have a bona fide
complaint concerning their working conditions to promptly inform and discuss it
with their immediate non­unit supervisor in order to, in good faith, endeavor to
clarify the matter expeditiously and informally at the employee-immediate
supervisor level.

3. If such informal discussion does not resolve the problem to the Unit member's
satisfaction, and if the complaint constitutes a grievance herein defined, the Unit
member may file a formal grievance in accordance with the following procedure.

B. Definition of Grievance

1. A "grievance" is a written allegation by a Unit employee, submitted as herein
specified, claiming violation(s) of the specific express terms of this Memorandum
for which there is no Civil Service or other specific method of review provided by
State or City law.

2. The City continues to retain the format used for the grievances, including forms,
technology, etc.


Page 178
3. A grievance which does not meet the requirements set forth in this Article shall be
null and void and will not be processed in accordance with this procedure.

C. Procedure

In processing a formal grievance, the following procedure shall apply:

A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.

Step 1

The unit employee shall reduce the grievance to writing by completing all parts of the
grievance form provided by the City, and submit it to the second line supervisor
designated by the City or City designee within fourteen (14) calendar days of the initial
commencement of the occurrence being grieved or when the employee had
reasonable cause to become aware of such occurrence. The City will assign a
grievance number within fourteen (14) calendar days. Either party may then request
that a meeting be held concerning the grievance or they may mutually agree that no
meeting be held.

The second line supervisor shall, within fourteen (14) calendar days of having received
the written grievance or such meeting, whichever is later, submit his response thereto
in writing to the Grievant and the Grievant’s representative, if any. The parties by
written mutual agreement may skip from Step 1 to Step 2 of the grievance procedure.

Step 2

If the written response of Step 1 does not result in resolution of the grievance, the
grievant may appeal the grievance by completing the City form and presenting it to
the second Step of review, the Department Head or his designee, within fourteen (14)
calendar days of the grievant’s receipt of the Step 1 response.

Either party may request that a meeting be held concerning the grievance or may
mutually agree that no meeting be held. Within fourteen (14) calendar days of having
received the written grievance or the meeting, whichever is later, the second level of
review shall submit his response to the grievance to the grievant and the grievant’s
representative, if any. The parties by written mutual agreement may skip from Step 2
to Step 3 of the grievance procedure.

Step 2.5

After the Step 2 response, but prior to review by the Grievance Committee/Arbitrator,
the parties involved may mutually agree to submit the grievance to Labor Relations.
The grievance, as originally written and Step 1 and Step 2 responses, must be


Page 179
submitted to Labor Relations within fourteen (14) calendar days of receipt of the Step
2 response. Labor Relations shall, within fourteen (14) calendar days of the receipt of
the grievance, meet with the department head, or designees, and the Grievant and
the Grievant's representative, if any, in an attempt to resolve the grievance. Labor
Relations shall then submit a written response to all parties within fourteen (14)
calendar days of the meeting.

Step 3

a. If the written response of the Step 2 (or 2.5 if applicable) does not result in
resolution of the grievance, the grievant and Union may, within fourteen (14)
calendar days of having received the Step 2 response, appeal the grievance by
completing the City form and presenting it to the Grievance Committee. The
Grievance Committee shall be composed of:

The Grievance Committee will consist of:

Chairman: A member of the City Manager's Office designated by the City
Manager.

Member: A mutually agreed upon neutral member.

Member: The President or the President's designee of another civilian
union/association, other than the Grievant’s, representing employees with the
City.

At the beginning of each contract year, the Union and the City will each select five
Department Directors to serve as Grievance Committee members. No selected
Department Director will serve as a committee member when the grievance
involves his/her department. Staff support to the Grievance Committee will be
provided by the Human Resources Department. The Labor Relations
Administrator and/or Department Director in Labor Relations will serve as an
advisor to the committee.

The Grievance Committee shall, within fourteen (14) calendar days of receipt of
the appeal, schedule a hearing regarding the grievance at which the grievant shall
be afforded the opportunity to fully present his position and to be represented. The
Grievance Committee shall, within fourteen (14) calendar days of the conclusion
of the hearing, make advisory recommendation on the grievance and submit it to
the City Manager for final determination for those employees who have elected to
use this procedure instead of arbitration.

The Grievance Committee shall submit findings and advisory recommendation(s)
to the City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the Grievant and his designated
representative.


Page 180
b. In lieu of such hearing, the grievant and the Union may jointly invoke the following
procedure by submitting the written notice to the Labor Relations Division within
fourteen (14) calendar days of having received the Step 2 response. If the grievant
and the Union so elect in writing within the above time limit, in lieu of such
Grievance Committee hearing, the grievance may be reviewed by an arbitrator.

The parties or their designated representatives shall agree on an arbitrator, and if
they are unable to agree on an arbitrator within a reasonable time, either party may
request the Federal Mediation and Conciliation Service to submit to them a list of
seven (7) arbitrators who have had experience in the public sector. The parties
shall, within fourteen (14) calendar days of the receipt of said list, select the
arbitrator by alternately striking names from the said list until one-name remains.
Such person shall then become the arbitrator. The arbitrator so selected shall hold
a hearing as expeditiously as possible at a time and place convenient to the
parties, and shall be bound by the following:

i. The arbitrator shall neither add to, detract from, nor modify the language of the
Memorandum or of Departmental rules and regulations in considering any
issue properly before him/her.

ii. The arbitrator shall be expressly confined him/her to the precise issues
submitted to him/her and shall have no authority to consider any other issue
not submitted to him/her.

iii. The arbitrator shall be bound by applicable State and City Law.

The arbitrator shall submit his findings and advisory recommendations to the
grievant and the City Manager, or their designated representatives. The costs
of the arbitrator and any other mutually incurred costs shall be borne equally
by the parties. The City Manager shall make the final determination of the
grievance and submit it in writing to the Grievant and his designated
representative.

D. Union Grievance

The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1, Section 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of the procedure. All
other grievances must be filed and signed by Unit employees subject to the provisions
of this Article.

E. Group Grievance

When more than one Unit employee claims the same violation of the same rights


Page 181
allegedly accorded by this Memorandum, and such claims arise at substantially the
same time and out of the same circumstances, a single group grievance may be filed
in the name of all such employees. Such group grievances shall be filed at the step
of this procedure which provides the lowest level of common supervision having
authority over all named grievants. Each Unit employee that is a party grievant must
be named and must sign such group grievance. The Union may sign a group
grievance on behalf of employees, however, in such instance, the grievance must be
amended within fourteen (14) days naming each Unit employee who is a party
grievant and containing his signature.

F. Time Limits

Failure of the City Management representatives to comply with time limits specified
in Section 2-1 C shall entitle the grievant to appeal to the next level of review; and
failure of the grievant to comply with said time limits shall constitute abandonment of
the grievance. Except, however, that the parties may extend time limits by mutual
written agreement in advance.

G. Notice to Union of Grievance Resolution

The City will put the Union on notice of proposed final resolutions of grievances where
the Union has not been designated as the grievant's representative for the purpose
of allowing the Union to ascertain that a final resolution will not be contrary to the
terms of this Memorandum.

The City will ensure that a copy of every M.O.U. grievance filed by a Unit member,
including the response from management, is forwarded to the Union at each step of
the process.

H. The City will not discriminate or retaliate against employees because of their exercise
of rights granted by this Article.

I. Employer grievances, should they occur as a result of official Union activities or
actions, including the failure to act as required under this agreement, will be presented
directly to the Union President or any Officer of the Union within fourteen (14) calendar
days of the occurrence prompting the grievance, or within fourteen (14) calendar days
of the date upon which the employer became aware of the situation prompting the
grievance. The President, or designee, shall, in each case, provide a written answer
within fourteen (14) calendar days from receipt of the grievance

Unresolved employer grievances may be submitted to arbitration pursuant to Step 3
herein; provided that the employer shall bear the cost of the services of the arbitrator.

J. The Union and the City agree to meet at regular intervals (as defined in Article 2
Section 2-2 Labor/Management Committee) to find ways to improve the grievance
procedures.



Page 182
Section 2-2: Arbitration

A. Independent Arbitrator

Any Unit member who is a classified employee having completed the prescribed
probationary period who has received a disciplinary demotion, suspension, or
discharge, and has a right to appeal that disciplinary action pursuant to the Personnel
Rules, may under the provisions of this article request the Civil Service Board appoint
as a hearing officer an independent arbitrator selected pursuant to the procedures
described in Section 2-1 C below.

B. Appeal

The Union, on behalf of the employee, may request the selection of an independent
arbitrator as the hearing officer for a Civil Service Board appeal of a disciplinary
action. Such request must be made within fourteen (14) calendar days after the date
of service of notice of the order of suspension, demotion, or dismissal on him
personally, or twenty-one (21) calendar days from the date of mailing by certified mail
the notice of the order of suspension, demotion, or dismissal. The request must be
in writing and must state specific allegations in the discipline notice with which the
employee disagrees. The request must be personally delivered to the Board or
deposited in the United States mail, certified return receipt requested, postage
prepaid, addressed to the office of the Civil Service Board, within the above-stated
time.

The Union, on behalf of the employee, shall also immediately thereafter file copies
thereof with the complainant department head and the City Attorney. At the time the
Union files the request for hearing, it shall set forth whether the hearing will be public
or private.

C. Selection of Arbitrator

If the request for an independent arbitrator to be appointed as a hearing officer is
approved by the Civil Service Board, the Labor Relations Administrator or his
designated representative on behalf of the City and the Union president or his
designated representative on behalf of the employee shall agree on an independent
arbitrator within ten (10) calendar days after approval and appointment by the Board
of the appeal request. If an agreement on an independent arbitrator cannot be
reached within said ten (10) calendar days, either party may request that the Federal
Mediation and Conciliation Service (FMCS) or the American Arbitration Association
(AAA) provide a list with the names of seven (7) arbitrators with public sector
experience. In requesting such lists, the parties shall stipulate that arbitrators should
be from within Arizona.




Page 183
The parties shall, within seven (7) calendar days of the receipt of the list, select the
arbitrator by striking names alternately until one-name remains. The remaining name
shall be designated as the independent arbitrator appointed by the Civil Service
Board as the hearing officer for the appeal. The parties shall jointly communicate with
the chosen arbitrator to advise him of the appointment.

In the event that the chosen arbitrator is unable to accept the appointment as hearing
officer, the parties shall either select another independent arbitrator from a new list in
the same manner as described above, or if mutually agreeable select another
independent arbitrator from the original list. The independent arbitrator chosen shall
be designated as the hearing officer appointed by the Civil Service Board for the
appeal.

D. Time for Hearing

When possible the hearing date shall be set within thirty (30) calendar days from the
request. Delays may be granted by mutual agreement of the parties. However, any
such delay occurring at the request of the Union, shall automatically be excluded from
any calculations of back pay to the employees, if any, as determined by the Civil
Service Board.

E. Hearing Procedures

The hearing procedures will be the same as the procedures set forth in Rule 22d,
Personnel Rules of the City of Phoenix. In the conduct of the hearing, the hearing
officer shall not be bound by the technical rules of evidence, nor shall informality in
any of the proceedings or in the manner of taking testimony invalidate any order,
decision, rule, or regulation made or approved by the Civil Service Board.

F. Witnesses

An employee appellant, or an employee subpoenaed as a witness, shall be granted
a leave of absence from his/her regularly assigned duties during his/her regularly
assigned work hours without loss of pay for the time.

At the request of either party, the arbitrator shall order that any witness who will testify
during the hearing be excluded from the hearing room until such time as they testify.
The City and the Union may exclude from the operation of this provision one
representative each of the City and the local Union.

G. Proposed Findings; Objections to Report

Either party may file with the hearing officer written proposed findings of fact and
conclusions within seven (7) calendar days of the conclusion of the hearing. A copy
of such proposed findings and conclusions shall be served on the other party at the
same time as filing with the hearing officer.


Page 184
No later than two (2) calendar days before the Civil Service Board meeting where the
appeal has been scheduled for hearing either party may file with the Civil Service
Board written objections to the hearing officer's report. A copy of such objections
shall be served on the other party at the same time as filing with the Civil Service
Board. No post-hearing evidence shall be submitted.

H. Requirements

The independent arbitrator selected by the parties and appointed by the Civil Service
Board pursuant to this article shall be bound by the following:

1. The independent arbitrator shall neither add to, detract from, nor modify the
language of this Memorandum of Understanding.

2. The independent arbitrator shall be expressly confined to the precise issues
submitted and shall have no authority to consider any other issue.

3. The independent arbitrator shall be bound by applicable Federal, State, and City
laws.

I. Report

Within two (2) weeks of the conclusion of the hearing, the hearing officer shall forward
all records and the report containing a statement of the findings of fact, conclusions,
and recommendations concerning the appeal to the Civil Service Board and send a
copy of the report to the parties. The hearing officer may recommend to the Civil
Service Board the discipline be upheld or modified, or rescinded pursuant to
Personnel Rule 22 (e).

J. Costs

The cost of the independent arbitrator and other costs related to obtaining said
arbitrator shall be borne equally by the parties. Each party will be responsible for its
own costs incurred in the hearing process, including but not limited to costs for legal
services, service of subpoenas, and expert witnesses.

K. Civil Service Board

It is expressly understood that this article shall not impinge on the powers and duties
of the Civil Service Board as provided for in Section 3 of Chapter XXV, Phoenix City
Charter and Rule 22, Personnel Rules of the City of Phoenix.

L. Representation





Page 185
The parties agree that for the purpose of this article the City will be represented by
the Labor Relations Administrator for the City of Phoenix or designee and the
employee will be represented by the President of AFSCME, Local 2384 or designee.


Section 2-3: Labor-Management Committee

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked, any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.

A. There shall be a Labor-Management Committee consisting of representatives of the
Union and representatives of the City. The purpose of the Committee is to facilitate
improved labor-management relationships by providing a forum for the free
discussion of mutual concerns and to attempt to resolve problems brought to its
attention.

B. During the term of this M.O.U., the Union and the City shall maintain the
Apprenticeship Labor Management Committee. The Apprenticeship Labor
Management Committee shall be comprised of a maximum of five (5) persons each
from Labor and from Management.

C. The Committees shall meet monthly or at other mutually scheduled times.

D. The members shall, upon request for a meeting, provide the Chair with proposed
agenda items, and the Chair shall provide the members with the meeting agenda in
advance of the meeting.

E. The Union shall be advised of management recommendations for contracting of work
presently being performed by Unit employees which would directly result in a
reduction in the number of permanent Unit positions during the term of this
agreement. The Union may request an opportunity to discuss these
recommendations in the Labor-Management Committee prior to any final
recommendation to the City Council. Failure by the City to notify the Union under this
Article may be subject to the Grievance Procedure of this Memorandum.

The Management recommendations, and final decision thereon by the City, shall not
be subject to the Grievance Procedure (Article 2 Section 2-1) of this Memorandum.

F. Any signed/dated written Labor/Management agreements with the signatures of both
parties and the Chairperson will be binding on the parties for the remaining term of
this M.O.U.





Page 186
Section 2-4: Health and Safety Committee

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee's regular work shift in pursuit of benefits provided by this
Article.

A. The City will continue to undertake all reasonable efforts to provide for employee
health and safety in accordance with the State's Occupational Safety and Health Law.

The City will continue its practice of providing personal protective equipment to
protect employees from recognized safety and health hazards, this includes voucher
for boots on an as needed basis.

A Unit employee may file, without fear of discipline, retaliation, or discrimination, a
grievance (Article 2 Section 2-1) when, in his best judgment, the City has failed to
comply with specific safety and health standards promulgated by local, state, and
federal regulations.

B. In order to facilitate this policy, a joint committee entitled "Health and Safety
Committee" shall be established. This committee shall be composed of two (2) Unit
employees appointed by the Union and two (2) City representatives as designated
by the City Manager. The chair shall rotate among the members.

C. The committee shall meet quarterly or at other mutually scheduled times to consider
on-the-job safety matters referred to it by the existing departmental safety committees
and safety officers, or otherwise coming to its attention, and shall advise Department
Heads and the City Manager concerning on-the-job safety and health matters.

All written recommendations of the committee shall be submitted to the Department
Head concerned and to the City Manager.

D. In the discharge of its function, the committee shall be guided by the applicable
regulations of the State's OSHA agency, and the City's existing practices and rules
relating to safety and health, and formulate suggested changes.

E. Employee members of the committee shall not lose pay or benefits for meetings
mutually scheduled during their duty time. Union members assigned to the Health
and Safety Committee shall be permitted to attend Department Health and Safety
Committee meetings.





Page 187
ARTICLE 3: Compensation/Wages
Various sections of this M.O.U. contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit member have been negotiated in place of a
direct payment and costed as part of the overall economic package. Examples include:
life insurance, long term disability insurance, leave payouts, etc.


Section 3-1: Wages

A. Unit 2 employees will receive a non-continuous payment equal to the economic
value of 2.5% of their base wage to be paid out on the first full pay period in
August of 2024.

B. Limited Reopener for FY 2025-2026: If the City projects revenues will exceed
$1,750,000,000 for Fiscal Year 2025-2026 in the forecast that is presented to City
Council in February 2025, the parties shall reopen Section 3-1 of this agreement
for the sole and limited purpose of Meeting and Conferring, in February 2025,
over base wage increases, if any. Unless held invalid by operation of law or by
a final judgment of any tribunal of competent jurisdiction, all other terms and
conditions of this MOU shall remain in full force and effect during any such
reopener and throughout the duration of this MOU.

C. Licensed Pesticide Applicators shall receive fifty ($.50) in addition to their base hourly
rate for each hour engaged in assigned and authorized activities when applying,
mixing, or managing herbicide or pesticides. This compensation includes any
preparation and maintenance of application equipment.

D. Unit II Employees required by the City to maintain a Commercial Drivers License
(CDL) as a secondary part of their regular position duties shall receive twenty cents
($.20) in addition to their base hourly rate. This pay is not applicable to all positions in
classifications which hold CDLs, nor is it applicable to positions in classification in
which driving is a primary function of the position.

E. It is understood that for implementation purposes, the practice of rounding off
fractional cents shall be done in accordance with universally accepted mathematical
and accounting principles.

F. The term "Pay Schedule" shall mean the schedule computed and published by the
Human Resources Department for payroll purposes.




Page 188
Section 3-1A: Productivity Enhancement Pay

Productivity Enhancement Pay

In recognition of continuous service and overall performance, the City agrees to the
following Productivity Enhancement pay formula for Unit II employees.

A. Pay Benefit:

In November of each calendar year, and June of each calendar year, unit members
who have completed at least six (6) years of continuous full-time service and who
meet the additional qualifications specified in this section shall qualify for one hundred
and three dollars ($103.00) for the completion of each year of continuous full-time
service in excess of five (5) years, up to an annual maximum of three thousand five
hundred and two dollars ($3,502) at the completion of 22 years of continuous full time
service.

In November of each calendar year, and June of each calendar year, unit members
who have completed twenty three (23) years or more of continuous full-time service
and who meet the additional qualifications specified in this section shall qualify for
one hundred thirty-eight dollars and eighty-nine cents ($138.89) for the completion of
each year of continuous full-time service in excess of five (5) years, up to annual
maximum of six thousand one hundred twelve dollars ($6,112) at the completion of
twenty-seven (27) years.

B. Qualifications:

1. An employee must have completed at least one year of continuous full-time
service at the top step in his classification.

Qualifications for Productivity Enhancement pay are made in the base class and
will not be affected by movement into or out of assignment positions. As well,
Productivity Enhancement pay will not be affected by movement to positions
within the same pay range.

When a position is reclassified to a higher classification, or when a classification
is assigned to a higher pay range, incumbents who are receiving Productivity
Enhancement pay shall be moved to that step of the new range which
corresponds to the closest to their combined base pay and previous Productivity
Enhancement amount (incumbent’s annualized payment), and which does not
result in a decrease from that amount. The placement in the new range will be
limited to the maximum step in the range. If the reclassification or pay range
change results in only a maximum possible one-range increase and the
incumbent is receiving Productivity Enhancement pay, he/she will be moved to
the top step and continue to be eligible for Productivity Enhancement pay.




Page 189
2. An employee must have completed six (6) years of continuous full-time service.

3. An employee must have received an overall performance rating of “Met” on his
latest scheduled performance evaluation on file at the time of the qualifying date.

4. An employee must be on full-time active status. Employees on industrial leave
shall qualify for this payment for only the first year of the industrial leave.
However, the entire period of industrial leave shall qualify as continuous service
when the employee returns to active employment.

C. Terms of Payment:

1. The Productivity Enhancement payment will be pro-rated and included each pay
period in the qualifying unit member’s regular paycheck.


Section 3-2: Overtime

A. Overtime is defined as time assigned and worked beyond the regularly scheduled
workweek or daily work shift; it being understood that overtime for Unit members who
normally work a daily work shift of eight (8) consecutive hours, including a paid meal
period on the job, is defined as time assigned and worked in excess of forty (40)
hours in a seven (7) day work period, or eight (8) hours per daily shift including paid
meal periods. In addition, when an employee is assigned and works two (2) eight (8)
hour shifts, and/or two (2) ten (10) hour shifts, or any combination of the two shifts,
the second of which commences less than twelve (12) hours after the regularly
scheduled conclusion of the first, that amount of time falling within said twelve (12)
hour period is deemed overtime for purposes of Section 3-2 D below, except,
however, that such twelve (12) hour rule does not apply to regular shift change
situations, relief positions, and positions in the classification of Event Services Worker
at the Phoenix Convention Center. The twelve (12) hour rule also does not apply if
an employee works less than a full shift either before or after his/her regular shift.

B. For the 2019 – 2021 M.O.U. contract, except for paid sick leave, all duly authorized
paid leave time shall be considered as time worked for the purposes of the regularly
scheduled workweek (but not daily work shift). Paid sick leave shall not be considered
as time worked for the purpose of calculating overtime for the regularly scheduled
workweek.

The employee’s appropriate leave bank will be charged only for the difference
between the scheduled daily work shift and the hours actually worked that day.

C. Overtime shall be worked and shall be allowed if assigned by the non-Unit supervisor
or other authorized representative of the City.





Page 190
D. Overtime work will be compensated at one and one-half (1 1/2) times the regular rate,
which will be computed in accordance with provisions of the Fair Labor Standards
Act. Such payment will commence after the first seven (7) minutes.

E. In lieu of cash payment, a Unit member may request compensatory time credits up
to a maximum accumulation of two hundred and fifteen (215) hours. Authorized
overtime hours worked in excess of the maximum accumulation shall be paid in cash.
The request for compensatory time credit must be made at the time the overtime is
worked. The Department Head shall make the final determination on the method of
payment (either cash or compensatory time). Use of compensatory time off shall be
subject to departmental approval and scheduling.

F. Compensatory Time Conversion

Effective July 1, 2018, a unit member may convert accumulated compensatory time
credits to cash twice per M.O.U. year, up to a maximum of seventy (70) hours by
notifying the Department Head in writing of such intent either July and/or November.
Payment will be made on or before August 31 or November 30.

G. The City shall endeavor to distribute the opportunity for non-standby overtime equally
between employees or crews of employees within the same classification and work
location.

In addition, records of overtime worked by employees minus Stand-By overtime
shall be posted monthly on a worksite bulletin board and distributed to the
designated Union Steward. In areas where no Steward is available, the list will be
sent electronically to the Union Hall general email address:
afscme2384@afscme2384.com. In addition, records of overtime worked by Unit
members shall be made available for inspection by an authorized representative of
the Union upon advance request and at reasonable times.

H. Overtime shall be voluntary, except however, the City reserves the right to assign
overtime in the event insufficient employees volunteer, or to avoid inadequate
staffing, or to ensure service delivery, or to conduct mandatory training.

I. Where a ten (10) hour, four (4) day workweek schedule is implemented, overtime is
defined as time assigned and worked beyond ten (10) hours a day or forty (40) hours
a week.


Section 3-2A: Call Out Pay

The eight (8) hour period before the start of a Unit employee’s regular shift is to be called
“rest time.” If an employee is called out during this time, the employee shall be allowed to
adjust their work hours up to 4 hours (flex time) to allow the employee to have proper rest



Page 191
before the start of the employee’s shift, whenever possible at the supervisor’s discretion.
Example: An employee starts at 6 am, and is allowed to start at up to 10 am to 8 pm.

An employee shall have a minimum of three (3) hours’ pay at overtime rates when called
out for work after going home from a shift, or when called out for overtime work while on
standby pay.

Overtime for this call-out shall begin when employees report to the place where they are
instructed to report and shall terminate forty-five (45) minutes after being relieved from
duty. These forty-five (45) minutes travel time shall be included in the minimum guarantee
and shall be paid only if the total work and allowed travel time exceed the minimum.

Travel time shall not apply when the employee is working on overtime which was planned
in advance. An employee requested to report early, before the normal starting time of the
shift, shall not be eligible for travel time, but would qualify for overtime for the extra time
worked.

Provisions of this section shall be interpreted in a manner which complies with the Fair
Labor Standards Act.

Remote Access Support
Employees on Stand by called to perform work by remote access, such as VPN, shall
receive a minimum of thirty (30) minutes pay at the overtime rate or the actual amount of
time expended, whichever is greater. Remote access overtime shall be paid even when
more than one call out is made provided these calls are separated by more than thirty
(30) minutes. Calls placed closer than thirty (30) minutes shall be treated as a single
event and subject to the actual time worked or minimum payment.

Telephone Support
Employees on Stand by called to perform work by means of telephone support shall
receive fifteen (15) minutes pay at the overtime rate or the actual amount of time
expended whichever is greater. Telephone support overtime shall be paid even when
more than one call out is made provided these calls are separated by more than fifteen
(15) minutes. Calls placed closer than fifteen (15) minutes shall be treated as a single
event and subject to the actual time worked or minimum payment.


Section 3-3: Out-of-Class Pay

A Unit employee who is temporarily required to serve in a regular authorized position in
a higher classification shall be compensated at a higher rate of pay in accordance with
the following:

A. To be eligible for the additional compensation, the Unit employee must first
accumulate ten (10) regular working shifts of assignment in the higher class within
any twenty-four (24) month period. Satisfactory performance during a previous


Page 192
appointment to the higher class will be credited to the qualifying period. The days of
out-of-class will be credited to the qualifying period. The days of out-of-class
assignment need not be consecutive. Once this qualification is satisfied, no
additional re-qualification will be required. In addition, out-of-class credit shall be
given for out-of-class work for five (5) hours work for a ten (10) hour shift and for four
(4) hours work for an eight (8) hour shift.

B. Temporary assignments out-of-class shall be recorded only in full shift units. A Unit
employee working out-of-class for five (5) hours for a ten (10) hour shift or four (4)
hours for an eight (8) hour shift shall be credited with working out-of-class for the
entire shift.

C. To qualify for out-of-class pay, a Unit employee must be given the assignment in
writing by a non-Unit supervisor or other authorized management representative of
the City.

D. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class. Such time, however, shall be
submitted by the employee as creditable experience in promotional examinations for
the higher class.

E. A Unit member who has qualified under these provisions shall be compensated at
the minimum rate established for the higher class for each completed work shift
served in the higher class. In the event of overlapping Unit salary ranges, a minimum
one-step differential shall be paid for out-of-class assignments into Unit
classifications. The higher rate of pay shall be used in computing overtime when
authorized overtime is served in out-of-class work assignments. The overtime rate
shall be the rate established by the overtime regulations that apply to the higher
classification.


Section 3-4: Sick Leave Conversion at Retirement
A. Sick Leave Cash Out Formula

Upon retirement, bargaining Unit employees with a minimum of 750 hours of accrued
and unused sick leave, excluding the first 250 hours, will be paid for 25% of the
remaining hours as base hourly wage.

Additional language of this Section 3-4 is contained in Attachments B and C.


Section 3-4A: Sick Leave Payout




Page 193
All accumulated sick leave hours on the city's official file at the time of the member's death
will be paid. Payment will be based upon the member's base hourly rate at the time of
death.


Section 3-5: Shift Differential Pay

Unit employees shall receive ninety cents ($0.90) per hour in addition to their regular rate
of pay when working a night shift which ends at or after 9:00 p.m., and before midnight,
and one dollar and twenty-five cents ($1.25) per hour in addition to their regular rate of
pay when working a night shift which includes work during the period after midnight to
4:00 a.m.

Employees shall receive shift premium pay only for hours scheduled and worked, and not
while on paid leave time.

Shift differential pay shall continue to be paid at the rate of the regular shift for any
additional hours worked preceding or following the regular shift. Night shift premium
pay applies to regular part-time employees.


Section 3-5A: Weekend Shift Differential Pay

Employees shall receive shift premium pay only for hours scheduled and worked, and not
while on paid leave time.

A Unit member shall receive forty cents ($0.40) per hour in addition to his base hourly
rate of pay and any other shift differential or any other premium pay he may be receiving
for working a weekend shift. A designated weekend shift is defined as any shift that starts
on or after 2:00 p.m., on Friday, and continuing through any shift that starts on or before,
but not after 11:59 p.m., on Sunday.

A Unit member shall receive weekend shift pay differential only for hours scheduled and
worked, and not while on paid leave.

A Unit member who is called out and works between 2:00 p.m., on Friday and 11:59 p.m.,
on Sunday, will be paid weekend shift differential for all hours worked at the rate specified
in this article. If a Unit member was called out while on stand-by status, he will not receive
weekend shift differential.


Section 3-6: Stand-By Pay
When a Unit member is required to be available for call-out outside the employee's regular
work schedule, the member shall be compensated for such assigned stand-by hours at
two dollars ($2.00) per hour. Starting in the first pay period in July 2007, stand by pay


Page 194
shall increase to two dollars and fifty cents ($2.50) per hour. Employees serving in stand-
by assignments shall be subject to contact requirements as provided for by the
Department Head.


Section 3-7: Show-Up Time

Except in emergencies, an employee who is scheduled to report for work, has not been
notified to the contrary, and presents himself for work as scheduled, shall be paid for at
least four (4) hours at the applicable rate of pay. If work on the employee's regular job is
not available for reasons beyond his control, the City may assign the employee substitute
work. In the event scheduled work is interrupted due to conditions beyond the City's
control and substitute work is not available to be assigned, affected employees shall be
paid for four (4) hours at the regular rate of pay, beginning at release, or to the end of the
scheduled work shift, whichever occurs first.

Except in emergencies, an employee who is scheduled to report to work for overtime, has
not been notified to the contrary, and presents himself for work as scheduled shall be paid
for at least four (4) hours at the applicable rate of pay. An employee who is entitled to
four (4) hours of pay due to cancellation in whole or in part of their shift will not receive
pay for travel time to and from the worksite for this shift. Employees are not entitled to
submit vacation or compensation time for the remainder of an overtime shift.

An employee will only be paid at the overtime rate for hours “actually worked” and will be
paid at the otherwise applicable rate of pay for the remainder of the four (4) hours.
“Actually worked” is defined as the time the employee is scheduled and available to
perform work or performing job duties, prior to being released by a supervisor because
that work has ended.

Employees released hereunder prior to the end of their scheduled shift may be required
to stand by and keep themselves available for immediate call-back during the balance of
their scheduled shift (for which time they shall be entitled to stand-by pay under Article 3,
Section 3-6, "Stand-By Pay" hereof). An employee shall have the option of using either
vacation time or compensatory time for the balance of his regular shift. Employees called
back to work shall be entitled to their regular pay only and not any premium for work
performed during the balance of their regularly scheduled shift.


Section 3-8: Jury Duty

A Unit employee called for jury duty or subpoenaed by a court as a witness shall be
granted a leave of absence from municipal duties without loss of pay for the time actually
required for such service and reasonable travel time and shall, if he chooses, retain jury
or witness pay, except where such testimony or witness duty is the result of an employee's
official duties as a City employee.



Page 195
To be eligible for paid leave for jury or witness duty, an employee must present verification
of his call to jury duty or witness duty.

Paid witness leave shall not be allowed when the Unit employee is the defendant or
plaintiff in a court action.


Section 3-9: Deferred Compensation Program
The City will contribute 3.62% of the base wage to a 401(a) Deferred Compensation
Plan (DCP) for each Unit employee for each year.



ARTICLE 4: Hours of Work/Working Conditions

Section 4-1: Hours of Work
A. This Article is intended to define the normal hours of work and to provide the basis
for calculation and payment of overtime pursuant to Article 3, Section 3-2.

The City, in collaboration with the Union, may experiment with flextime schedules
when the following conditions are met:

a. Approval of Department Head
b. Approval of Union President
c. Mutually agreed schedule between Unit Member and Supervisor
d. Signed Wavier

B. The work week shall only consist of a schedule of consecutive work days in a seven
(7) calendar day pre-established work period, except in the Equipment Management
Division of Public Works Department. Any changes to the consecutive workday
schedule will be made by mutual agreement between AFSCME 2384 and the City on
the 4 day, 10 hour work shift.

C. Within a five (5) day work schedule, the work day will consist of eight (8) hours of
work within any twenty-four (24) hours in a pre-established work schedule, excluding
relief positions. Within a four (4) day work schedule, the work day will consist of ten
(10) hours of work within any twenty-four (24) hours in a pre-established work
schedule, excluding relief positions.

The City and the Union recognize that no regularly scheduled shift lengths, other than
those outlined in Article 4, shall be observed in Field Unit II.

D. Relief Crews


Page 196
At the 9lst Avenue and 23rd Avenue Wastewater Treatment Plants, there may be one
(1), but no more than one (1), relief crew per plant as determined by management.

E. Permanent regular work schedules showing the employees' shifts, workdays, and
hours shall be posted on appropriate department bulletin boards.

F. When changes are to be made by the City on a permanent basis for other than
emergency reasons, or where new permanent schedules are to be adopted, the City
will notify the affected employees and the Union Hall, not less than fourteen (14)
calendar days in advance and will notify the Union of such changes, prior to actual
implementation.

In emergency situations, temporary work schedules may be adopted without the
fourteen (14) calendar days notice to the affected employees. "Emergency" shall
mean unforeseen operational circumstances.

Employees have the option to waive their fourteen (14) calendar day notice and begin
their new schedule with the City and Union's written approval.

G. Summer hours shall begin no later than the last Monday in April and shall terminate
no earlier than the second Monday in September whenever such scheduling impacts
operations, all of which are within the discretion and control of the City, and where
such summer scheduling has been customarily used in the past. Summer scheduling
may, at the discretion of the City, be implemented earlier in the year than specified in
this section, or terminated later in the year than specified in this section.

H. The City may implement ten (10) hours per day, four (4) days per week work
schedules when it is determined by the City that such scheduling is beneficial to City
operations.


Section 4-2: Rest and Lunch Periods
Scheduled work shifts shall include meal periods to be observed as follows:

5 DAY WORK WEEK MEAL PERIOD
8 hours Under normal conditions, no less than 30 minutes on
the job, paid at straight time.
8-1/2 hours No less than 30 minutes, unpaid.
9 hours No less than 60 minutes, unpaid.
4 DAY WORK WEEK MEAL PERIOD
10 hours Under normal conditions, no less than 30 minutes on
the job, paid at straight time.


Page 197
10 1/2 hours No less than 30 minutes, unpaid.
11 hours No less than 60 minutes, unpaid.

Two (2) non-work periods of fifteen (15) minutes during the above scheduled work shifts
shall be permitted to promote the health, safety, and efficiency of employees on the job.
Activities of employees during those non-work periods shall not be subject to any
unreasonable restrictions.

When work demands permit, with a supervisor’s approval, an employee may combine
their thirty (30) minute meal period with one of their fifteen (15) minute rest periods to
achieve a forty-five (45) minute meal period or combine two of their (15) minute rest
periods to achieve a (1) hour meal period. This paid leave time counts as hours
worked.

When an employee works overtime of two (2) hours or more in addition to their daily work
shift, they shall be entitled to an additional fifteen (15) minute break. Every additional two
(2) hours of overtime will entitle an employee to an additional fifteen (15) minute break.

After four (4) consecutive hours of overtime in addition to a full shift as defined in Sect.
3-2 A, an employee shall be entitled to a paid meal break of thirty (30) minutes, but in no
event shall an employee be entitled to more than one such break for every eight (8)
consecutive hours of overtime.

Employees shall be allowed reasonable time, as necessary, for personal clean up prior
to the commencement of the lunch and break periods.


Section 4-3: Clean-Up Time
Unit employees will be given time, in keeping with past practice, at the end of a normal
daily shift for personal clean up. Such time is in addition to and exclusive of any time the
City requires be spent for maintaining equipment.


Section 4-4: Seniority

A. The City shall provide the Union with a list of Unit members showing each Unit
member’s City employment date and class employment date.

B. Seniority shall be by length of service within a class. If seniority within the class is
not determinative, then length of service with the City shall prevail.

C. Seniority shall be used as a factor consistent with established Civil Service
procedures in choice of training, work assignments, vacation schedules, and in the
determination of layoffs.


Page 198
Section 4-5: Bump/Bid Procedure Fleet Services Division
Policy: To provide an equitable system for employee selection of shift, days off, and area
location, the Union and the City recommend that departments considering the
implementation of a bump/bid policy for a designated group of Unit II employees use this
article as a guideline in the development of their policy.

A. General Guidelines

1. Annual Bump/Bid

There will be a full Bump/Bid each fiscal year, in December, which will become
effective the first pay period in January.

2. Interim Bump/Bid

A layoff, a transfer of a vacant position number to another shift or shop, the
addition of a permanent position number, a promotion, demotion, dismissal,
resignation, or retirement will be filled subject to the in-class Bump/Bid. This
means that any time positions become vacant within a particular classification, an
open sign-up will be held. Vacant positions will be filled according to the seniority
ranking of interested employees within a class.

3. Exceptions

a. The specialties listed below will be exempt from the general Bump/Bid
procedure. Employees in these specialties will Bump/Bid only within their
specialty and/or section.

1) Motorcycle Mechanics
2) Heavy Equipment Mechanics in the following assignments:
-Fire shop
-Off-road equipment
-Aerial equipment
-91st Ave. Treatment Plant
-Landfills
3) Police substations-
-Auto Technicians (master)
-Fire Shop Auto Technicians
-Equipment Service Worker II
4) Leads
5) Temporary, new hire and promoted employees*
6) Rovers
7) Make-ready shop (all personnel)


Page 199
8) Service writers
9) Auto Parts Clerk III (annual bump for this class will be effective after the
physical inventory each year).
10) Engine diagnostic specialist
11) Equipment Service Worker II at the 91st Ave. Treatment Plant

* Management reserves the right to place new employees on any shift and location
for a six (6) month period for training and evaluation purposes. These employees
become subject to the Bump/Bid procedure upon completion of six (6) months’
employment. The day after the due date shown on their six (6) month
performance rating will be the effective date.

At the end of the six (6) months, the position occupied by the temporary, new, or
promoted employee will become available to the most senior employee who has
signed up within the class. The two employees will then "switch" positions until
the next Bump/Bid.

b. Positions of employees who have been on long-term industrial leave or light
duty, or personal illness, for at least one hundred (100) days, at the time of the
annual bump/bid will be excluded from the process. Upon return to regular,
full-time employment, management will assign the employee to an available
shift and location until the next Bump/Bid. Employees must return to work
seven (7) days prior to the original bump/bid posting to be included in the
bump/bid.

4. Annual Bump/Bid Completion

All personnel shall be frozen into the position selected, except to bid for openings
created as outlined in Section 4-5 A (2) "Interim Bump/Bid."

5. Delegation of Authority

Employees may delegate/select a representative to participate in the bump/bid in
their absence. This may be done by completing a proxy form and presenting it at
the designated sign-up time. This form must be signed by the delegating
employee and the employee performing the selection. The actual Bump/Bid Sign-
up Sheet will be annotated by the employee's representative printing the
employee's last name and initialing the entry. The Proxy form shall be made
available to Unit employees by the City.

6. Official Notification

The annual bump/bid will be posted, in its entirety, for a minimum of fourteen (14)
calendar days prior to the official sign-up date. A copy of the document will be
posted at all Equipment Management Division Facilities.

B. Seniority

Page 200
Seniority within classification will be the principal factor for bumping and/or bidding.

1. Determination of Seniority

Seniority constitutes length of certified status within a class of the City service.
When two or more employees have the same length of time in the class, the
employee with the longest certified City employment time shall be senior. If a tie
still exists, the employee with the least amount of leave of absence without pay
(excluding leave of absence due to sickness, injury, or military service) shall have
the greater amount of seniority.

2. Dispute Resolution of Seniority

Any disputes concerning the calculation of seniority length will be resolved by the
Public Works Department Human Resources Officer using the guidelines
identified in the above "Determination of Seniority."


Section 4-6: Technology
If technology will replace or enhance unit work, the City will notify the Union of
technological changes and upon Union request the appropriate Department will
discuss at regular Labor Management meetings with union leadership. As
determined by the City, the City shall provide employees with training required to
utilize the new technology.

Data obtained from a vehicle camera system, Automatic Vehicle Locator (AVL),
Global Position System (GPS), telematics, or similar automated movement tracking
systems may be used, along with a complaint; an investigation; or documented
performance-based concerns, in disciplinary decisions, but data from such
automated movement tracking systems will not be used as the sole basis for
decisions related to Unit employee discipline.



ARTICLE 5: Benefits

Section 5-1: Health Insurance and Employee Assistance

The City will continue to offer health insurance plans for Unit members.

A. Medical and Dental Insurance




Page 201
1. The City and the Union agree to maintain the current split for the health insurance
monthly contribution for both single and family coverage. If there is a rate
increase or decrease, the City will pay 80% of the new monthly contribution and
the employee will pay 20%.

2. It is understood between the City and the Union that any changes in health
insurance benefits or rates shall be effective on or about January 1, and that the
City's monthly contributions will not, under any circumstances, exceed the actual
premium cost.

B. Employee Assistance Program

The City will continue the Employee Assistance Program, which will provide
confidential individual and family counseling to all Unit employees and their eligible
dependents. These services will be furnished by an independent contract agency to
be chosen by the City.

C. The City agrees to the continuation of a Health Insurance Advisory Committee for the
purpose of studying existing plans and to explore alternative plans. The Committee
shall include representatives of the City and Local 2384.

D. The $150 monthly allowance for Post Employment Health Plan accounts (PEHP)
continues for all qualifying employees eligible to retire after August 1, 2022. (The date
of an individual’s retirement eligibility was determined on August 1, 2007).


Section 5-2: Dental Insurance

The current dental split will also remain the same. For the base PPO and HMO dental
plans, if there is a rate increase or decrease, the City will pay 100% of the new monthly
contribution for single coverage. If there is a rate increase or decrease, the City will pay
75% of the new monthly contribution, and the employee will pay 25% for family dental
coverage.

The City agrees to contribute 100% of the cost to provide dental insurance for employees
enrolled in the base HMO or PPO plan for single employee coverage, and 75% of the
cost for family coverage.

The City agrees to retain the dental insurance plan for Unit members and their qualified
dependents. At a minimum, the plan shall include a PPO option that consists of 100%
payment of reasonable and customary charges covered for preventive and preventive-
related diagnostic services and 80% payment of reasonable and customary covered
charges for basic services and major services. The City shall retain a plan option that
includes an orthodontia benefit providing for 80% payment of reasonable and customary
charges up to a maximum lifetime benefit of $4,000 per person. Dental plans may be



Page 202
subject to deductibles and limitations contained in the contract between the dental
insurance carrier and the City of Phoenix.


Section 5-3: Life Insurance

The City will provide at no cost to Unit employees off-the-job and on-the-job life and
dismemberment insurance with a face value equivalent to the employee's annual base
salary rounded up to the next one thousand dollars ($1,000.00) or twenty-five thousand
dollars ($25,000.00), whichever is greater; in addition, the City will also provide death in
the line of duty insurance with a face value of seventy-five thousand dollars ($75,000.00).
It is understood between the City and the Union that any change in life insurance benefits
shall be effective on or about January 1. The designated beneficiary of a Unit member
will be paid for all accumulated sick leave hours that remain on the City's official file at the
time of a line-of-duty death of the Unit member, and payment will be based upon the Unit
member's base hourly rate of pay at the time of death. The beneficiary shall be that
person designated on the in the eChris benefits portal for the City of Phoenix Group
Life Insurance Program on file in the City Human Resources Department.

Additionally, the City will provide to each Unit member a $200,000 death benefit covering
the Unit member’s commutation to and from his City work location. This policy will cover
the Unit member commute for up to two hours before his shift begins, and two hours after
his shift concludes. The Union will only pay the cost of this benefit the first year of the
M.O.U.

In the event of the death of a Unit member while commuting to or from his work location,
for a period of two hours each way, the City will continue to pay the full monthly health
insurance premium for the spouse and all eligible dependents. The City will cover the
payment of a supplementary commutation life insurance policy for each Unit member.
The Union will pay the cost of this benefit, if any, the first year of each new M.O.U. period.


Section 5-4: Long-Term Disability Insurance
Pursuant to A.R. 2.323, the City will offer a long term disability benefit for all regular full-
time unit members. The City may revise the A.R., provided, however, that such revisions
shall not conflict with the express provisions of the M.O.U. Employees who have been
continuously employed and working on a full-time basis for twelve (12) consecutive
months are eligible for long term disability coverage. After an established ninety (90)
calendar day qualifying period, the plan will provide up to 66 2/3% of the employee's basic
monthly salary at the time disability occurs and continue up to age seventy-five (75) for
employees who have been employed full-time for 36 months and one day. This benefit
will be coordinated with leave payments, industrial insurance payments, unemployment
compensation, social security benefits, and disability provisions of the retirement plan.
Unit II members must apply to activate this benefit.



Page 203
Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to receive a long term disability benefit for no more than thirty (30)
months. Unit II members must apply to activate this benefit.


Section 5-5: Holidays and Vacation Leave

A. Employees, except those on hourly paid status, shall, when possible, without
disrupting the various municipal services, be allowed the paid holidays listed below:

New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
President's Day Third Monday in February
Cesar Chavez’s Birthday March 31
Memorial Day Last Monday in May
Juneteenth Day June 19
Independence Day July 4
Labor Day First Monday in September
Indigenous Peoples’ Day Second Monday in October
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Thanksgiving Day Friday after Thanksgiving Day
Christmas Eve Four (4) hours on December 24
Christmas Day December 25

24 Personal Leave Hours After completion of six (6) months' service

1. Personal leave hours are added to an employee’s vacation leave bank to be used
as such.

2. When a holiday named herein falls on Sunday, it shall be observed on the
following Monday, and when a holiday named herein falls on a Saturday, it shall
be observed on the preceding Friday, except that the Library Department may
observe such holidays on Saturday, and in the case of continuous and/or seven
(7) day operations, holidays shall be observed only on the calendar days on which
they actually fall. This paragraph shall not apply to Christmas Eve which shall be
granted only when it falls on the employee's regular scheduled workday.

A Unit employee working in continuous and/or seven (7) day operation, whose
regularly scheduled day off falls on a holiday specified above, who is not on
standby (Article 3 Section 3-6), and who is scheduled to work a regular shift on
such holiday and scheduled day off, shall be compensated as follows: eight (8)
hours pay for the holiday plus pay at time and one-half (1 1/2) the regular rate for
each hour assigned and worked to a maximum of eight (8) hours.

B. Vacation Accumulation


Page 204
Vacation accrual, carryover, and separation pay-out shall be governed by the
following table:
MONTHLY
SERVICE ACCRUAL
0-5 years 8 hours
6-10 years 10 hours
11-15 years 11 hours
16-20 years 13 hours
21+ years 15 hours

MAX. CARRYOVER MAX. PAYOUT
192 Hours 240 Hours
240 Hours 300 Hours
264 Hours 330 Hours
312 Hours 390 Hours
360 Hours 450 Hours

Unit members shall be allowed “vacation sell-back” twice per calendar year, on the
last paycheck of November and/or May. The total annual buy out is up to a maximum
of eighty (80) hours taken in no more than forty (40) hour increments, after the
employee has accumulated a minimum of one hundred twenty (120) hours of
vacation leave. The employee must take a minimum of forty (40) hours of
vacation/comp-time during the calendar year to qualify for these payments.

Unit members may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness of an employee or their immediate family member. An immediate family
member is defined as the employee’s spouse, qualified domestic partner, mother,
father or child. Child is defined as a biological, adopted, foster or stepchild, legal ward,
or a child of a person standing in place of a parent. Or a brother, sister, grandparent,
or in-law who are living with the employee and under his/her care. Requests to
receive such leave contributions will require a completed doctor’s certification.

All unit members whose regularly assigned work week consists of 4/10 hour shifts,
shall not be required to submit documentation for 2 hours of paid leave on City
holidays as listed in Section 5-5(A).


Section 5-6: Uniforms

A. Airport Security Guards (Class Code 24000) uniforms will be supplied by the Aviation
Department.





Page 205
B. On the effective date of this Memorandum, the City will assume responsibility for the
weekly cleaning/laundering of uniforms issued to those Unit members who are
employees of the Equipment Management Division of the Public Works Department.


Section 5-7: Parking

A. Employees regularly assigned to the Airport Terminal buildings shall be provided
parking facilities without charge at a location at the airport to be specified by the
Director of Aviation.

B. All employees who pay for parking will be charged half price at any downtown City
owned parking garage if they park a motorcycle.

C. All regular full-time and regular part-time Unit employees will receive, upon request,
a City issued bus pass at no cost to the employee.

D. The City will provide 4 parking cards to the Union.


Section 5-8: Tool Allowance

A. Unit employees in the following eligible classifications will receive a tool maintenance
allowance of three hundred dollars ($300.00) per annum.

Payment for tool allowance will be made on or about September 1.

Classification
User Technology Specialist U2
Instrumentation and Control Specialist
Trades Helper, Assigned U2
Equipment Service Worker I
Electrician Helper
Electrician Apprentice
Electrician
Electrician, Assigned Lead
Traffic Signal Technician
Telecommunications Specialist
Welder, Assigned U2
Building Equipment Operator I, assigned U2

Page 206
Building Equipment Operator II, assigned U2
Building Maintenance Worker, Assigned U2
Locksmith

B. Unit employees in the following eligible classifications will receive a tool
maintenance allowance of six hundred dollars ($600.00) per annum.

Payment for tool allowance will be made on or about September 1.
Equipment Service Worker II
Automotive Technician and all assignments
Heavy Equipment Mechanic and all assignments
Equipment Repair Specialist
Body Repair Specialist
Helicopter Mechanic
Fuel Systems Support Technician
Aircraft Technician and assignment


Section 5-9: Parental Leave
A. The City will, as a matter of general policy, and subject to operational needs,
authorize up to three (3) months of unpaid leave for an employee who is the parent
of a newly born or legally adopted child or any Unit member who needs to care for
an ill family member. Family members include spouse, children (natural, adopted,
foster, or stepchildren), brother, sister, parents, grandparents, as well as others living
in the same household with the employee. Approval and use of this leave shall be
subject to existing Personnel Rules.

B. An employee may use up to ten (10) hours of accumulated sick leave in at least one-
hour increments each calendar year for the home care or medical treatment for an
immediate family member residing in the employee’s household. When there is an
extreme illness or injury situation where a life or death question exists involving an
immediate family member, an employee may use up to five (5) days of accumulated
sick leave. (This should not be construed as bereavement leave under Personnel
Rule 15g).

In addition, employees may have dependent care situations where the above leave
is insufficient to cover their absence. Therefore, employees will be allowed to use
unscheduled accumulated vacation or compensatory time for the care of an
immediate family member up to a maximum of five (5) incidents not to exceed a total
of forty (40) hours each calendar year.



Page 207
For all the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor, when
evaluating the job performance of an employee involved in a leave-management
program, up to a maximum total of seven (7) incidents per calendar year. An incident
is defined as an absence from work, regardless of the length of time.

An immediate family member is defined as the employee’s spouse, qualified
domestic partner, mother, father or child. Child is defined as a biological, adopted,
foster or stepchild, legal ward, or a child of a person standing in place of a parent. Or
a brother, sister, grandparent, or in-law who are living with the employee and under
his/her care.

In FY 2024, the City and the Union will meet and discuss changing sick leave
codes (e.g., BN, BO, Bl, BE).




ARTICLE 6: Miscellaneous

Section 6-1: Saving Clause

A. If any article or section of this Memorandum should be held invalid by operation of
law or by a final judgment of any tribunal of competent jurisdiction, or if compliance
with or enforcement of any article or section should be restrained by such tribunal,
the remainder of this Memorandum shall not be affected thereby; and upon issuance
of such final decree, the parties, upon request of either of them, shall meet and confer
to endeavor to agree on a substitute provision or that such a substitute provision is
not indicated.


Section 6-2: Copies of Memorandum
Within sixty (60) days of the date that this Memorandum is adopted by the City Council,
the Union will arrange for printing of jointly approved copies of it for furnishing one to
every Unit employee, Unit supervisor, and to management personnel. The cost of such
duplication and distribution will be borne equally by the Union and the City.

Printing vendors secured by the Union shall comply with Ordinance G-1372 (Affirmative
Action Supplier's Ordinance), as may be amended, and Ordinance G-1901 (Affirmative
Action Employment by Contractors, Subcontractors and Suppliers), as may be amended.


Section 6-3: Apprenticeship Programs


Page 208
The City will make available to the Union copies of all existing apprenticeship agreements
affecting Unit II employees.

The Union and the City shall continue the Joint Apprentice Programs.

The Phoenix and Unit II Apprenticeship Program shall be organized with a set of
standards established by a 5-person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix
representatives, and 1 City of Phoenix Human Resources Department Safety
Section employee. The Committee shall monitor apprentices' performance. A
quorum shall consist of one (1) member from the union and the one (1) member
from the City and one (1) Safety Section employee.


Section 6-4: Part-Time Employees
A. Hourly paid Unit members, excluding seasonal and temporary employees, who have
worked a minimum of fifty (50) hours in each pay period for twenty-six (26)
consecutive weeks shall be entitled to vacation credits of four (4) hours per month.
Vacation credits shall be calculated and paid in cash, in December and June.

Continuation of this entitlement will be determined on November 1, February 1, and
May 1. If the employee has worked a minimum of fifty (50) hours in each pay period
in July, August, and September, his participation shall continue for the period
November through January. A similar review and qualification will be required for
October, November, and December; January, February, and March; and April, May,
and June. If the employee separates from City employment, the participation will
cease.

B. Hourly paid employees, excluding seasonal employees, may be considered for
advancement from pay step 1 to pay step 2 after completing 1,040 hours of work at
step 1. Advancement from pay step 2 to pay step 3 and each subsequent step in a
range may be considered after working 2,080 hours in each step.

C. No full-time or part-time permanent employees in the City Civic Plaza Department
shall be displaced or their hours reduced by the utilization of temporary employees,
unless the issue has been discussed by the parties in a Labor/Management meeting
and the City has complied with the provisions of Management Procedure 5.501,
dated February 7, 1994.

Based upon mutually agreed upon frequency, departments will establish regular
Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes and the outsourcing
of services currently performed by unit members which could directly result in a
reduction in the number of permanent Unit positions (“contracting out”).



Page 209
Section 6-5: Department Certifications and Required Licenses

The City will reimburse Unit members of the Water Services Department for expenses
incurred as a result of acquiring and maintaining certification required by the Arizona
Department of Environmental Quality. Unit member of the Water Services Department
will be reimbursed for 1 (one) fail and/or 1 (one) pass per certification.

Employees will be allowed City time to renew their CDL license and/or related
endorsements and will be reimbursed for such renewal fees which include the HAZMAT
background screening fee.

The City will provide reimbursements to Unit members for CDL endorsements.

Employees in the Water Services Department will receive a one-time special merit
increase/step adjustment when they obtain a higher ADEQ Grade Certification than
required for their job classification. Employees must provide a copy of their examination
results.

When the employee obtains a higher ADEQ Grade Certification and submits results for
reimbursement or merit increase, there will be no change to the employees PMG
anniversary date.


Section 6-6: Safety Manual
The parties agree that, during the term of this Memorandum, the City will publish a Safety
Manual covering all citywide safety issues.

The Health and Safety Committee established in Article 2 Section 2-3 of this
Memorandum will be given the opportunity to review and to offer input on the manual
while it is in draft form and before its final publication.

Once published, there will be no changes made in the manual without the review of the
Health and Safety Committee.

Employees are entitled to exercise the rules under OSHA by relating to the competent
person assigned that the situation is unsafe and in conflict with OSHA rules.


Section 6-7: Term and Effect of Memorandum

A. This Memorandum shall remain in full force and effect commencing with the
beginning of the first regular pay period in July 2024up to the beginning of the first
regular pay period commencing in July2026, and thereafter shall continue in effect



Page 210
year by year unless one of the parties notifies the other in writing no later than
December first of the final contract year of its request(s) to modify or terminate it.

B. Except as expressly provided in this Memorandum, the City shall not be required to
meet and confer concerning any matter, whether covered or not covered herein,
during the term or extensions thereof.

However, the parties will continue to meet with affirmative willingness to resolve
grievance and disputes relating to wages, hours and working conditions without
effecting the terms of this agreement.

C. If any section or provision of this Memorandum violates existing Federal, State, or
City law, then such law shall supersede such provision or section.

D. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Union having had an opportunity to raise all matters in connection with
the meet and confer proceedings resulting in this Memorandum is precluded from
initiating any further meeting and conferring for the term thereof relative to matters
under the control of the City Council or the City Manager.

E. The provisions of this Memorandum apply to all Unit employees, except that
entitlement to health, life, and long term disability insurance; holiday, overtime, and
show-up time benefits for regular hourly employees shall continue in accordance with
present practice and policy.

Permanent employees shall not be laid off from City employment and replaced by the
hiring of part-time employees solely for the purpose of eliminating the cost of existing
full-time benefits received by permanent employees.

F. This Memorandum constitutes the total and entire agreements between the parties
and no verbal statement shall supersede any of its provisions. All side agreements
modified during this contract period must contain an effective starting and expiration
timeframe. Any supplements, amendments, or modifications to this M.O.U. shall be
executed by duly authorized representative of each party.


Section 6-8:

The City shall create an Employee Memorial for those Unit II employees lost to
COVID-19 to thank them for their service to the City of Phoenix. This Memorial can
be in conjunction with other Memorials the City may have planned.





Page 211
IN WITNESS WHEREOF, the parties have set their hands this
_______ day of May, 2024




_____________________________________________________________________
Jason Henley, President, AFSCME Local 2384


_____________________________________________________________________
Jason Perkiser, Assistant Human Resources Director, Labor Relations, City of Phoenix


_____________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix


ATTEST:


______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix


APPROVED TO FORM:


______________________________________________________________________
City Attorney, City of Phoenix




AFSCME 2384 Team: City of Phoenix Team:
Jason Henley, President Jennifer Grøndahl, Deputy Human Resources Director
James Sagar Brandy Kelso, Water Services Department
Lorenzo Ortega Gabe Nevarez, Aviation Department
James Mckenna Keith Carbajal, Public Works Department
Diana Peterson Bob Fingerman, Phoenix Convention Center
Donald Furnival Donna Maroney, Deputy Human Resources Director
Alejandro Gutierrez Michelle Fernandez, Human Resources (Coordinator)
Derek Sigurdson Sylvia Montenegro, Human Resources (Scribe)
Ben Lundy



Page 212
Addendum A - Allocation of Stewards
The allocation of new steward positions under Article 1 will be referred to the Labor-
Management Committee for appropriate action.

Guidelines for designation of new stewards shall include:

1. A designated steward must be one from amongst employees regularly working at
a specified job site.

2. The designation of job site stewards shall take into consideration the following:

a. proportional representation of approximately 1-30,

b. organizational structure of department,

c. avoidance of duplicating service,

d. crew size of work unit divisions.





Page 213
ATTACHMENT A
(Subject to Reallocation)

Site Steward Allocations

Department/Division Site

Aviation/Facilities & Services Sky Harbor Airport/Airfield Maint.
Sky Harbor Airport/Electrical Maint.
Sky Harbor Airport/Fleet Maint.
Sky Harbor Airport/Building Maint.
Sky Harbor Airport/BHS Maint.
Sky Harbor Airport/Sign Shop
Sky Harbor Airport/Landside Maint.
Sky Harbor Airport/Terminal Services
Sky Harbor Airport/Vertical
Transportation
Sky Harbor Airport/F&S Admin
Sky Harbor Airport/Energy Systems/Lock
Shop
Sky Harbor Airport/Mechanical
Maint./Weld Shop
Sky Harbor Airport/Supply
Aviation/Technology Sky Harbor Airport/Aviation Headquarters
Aviation/Operations Sky Harbor Airport
Aviation/General Aviation Deer Valley Airport Goodyear Airport

Facility Maintenance Phoenix Convention Center
Event Services Phoenix Convention Center

Housing/Conventional All Conventional Sites
Elderly All Elderly Sites

Public Works Bldg. Maint. 2631 S. 22nd Ave.
Fleet Services 22nd Ave. Service Center
Fire Operations
Salt River Service Center
Union Hills Service Center
Glenrosa Service Center
Okemah Service Center

Fire Operations Center 150 S. 12th St.

Street Transportation Materials/Insp (1034 E. Madison)
Street Transportation Survey (1034 East Madison)
Street Transportation Traffic Signal Shop (2141 E. Jefferson)


Page 214
(Subject to Reallocation)
Site Steward Allocations


Street Transportation Inspections/ City Hall 5th Floor
Street Transportation Inspections/ Union Hills Service Center
Water Environmental and Safety 23rd Ave. (2474 S. 22nd Ave, Bldg. 31)
Wastewater Collection East Yard (3015 N. 52nd St.)
North Yard (138 E. Union Hills)
South Yard, TV, Lift Stations (2470 S.
22nd Ave.)
West Yard (4020 W. Glenrosa)
Water Meter Area 1 (1401 E. Hess)
Area 2 (6202 N. 24th St.)
Area 3 (10255 N. 23rd Ave.)
Area 4 (2333 W. Durango)
Area 5 (138 E. Union Hills)
Specialized Field Operations (3045 S.
22nd Ave.)
Water Production 24th St Water Treatment Plant (6202 N.
24th St.)
Deer Valley Water Treatment (3030 W.
Dunlap Ave.)
Union Hills Water Treatment (2001 E. Deer
Valley)
Val Vista Water Treatment (3200 E.
McDowell, Mesa)
Remotes North (21642 North 20th St.)
Remotes South (3015 N. 52nd St.)
Water Distribution Campbell Yard, Utility Locating (4436 N.
35th Ave)
Cave Creek Yard (21642 North 20th St.)
Corona Yard (936 E. Broadway)
Morten Yard (7617 N. 21st Ave.)
Reservoir Yard (3015 N. 52nd St.)
Rio Yard (3045 S. 22nd Ave.)
Wastewater Treatment 23rd Ave. Wastewater Plant (2470 S. 22nd
Ave.)
91st Ave. Wastewater Plant (5616 S. 91st
Ave.)
Water/Wastewater Specialized Svcs Electricians
Instrument & Control Specialist





Page 215
Chief Steward Allocations

Department Division

Aviation Sky Harbor All (4)
Police/Fire/Street Trans. All (3)
Public Works All (2)
Housing All (2)
Water/Wastewater
Wastewater Treat. (23rd Ave/91st Ave) All (3)
Wastewater Collections All (2)
Water Meter All (2)
Water Environmental and Safety All
Water Production All (3)
Water Distribution All (2)
Specialized Services All (2)

Lead Steward Allocations

Department

Aviation (3)
Public Works (2)
Street Transportation
Phoenix Convention Center (2)
Fire
Housing
Police
Water Services (6)





Page 216



Report